LAXMI KANT AGARWAL V. DIVISIONAL COMMISSIONER

CW/1784/2024

AI Insights

The case involves a writ petition filed by Laxmi Kant Agarwal against the orders passed by the Divisional Commissioner, Banswara, concerning the grant of Patta to the petitioner. The petitioner contested the appeal/revision filed by Dr. Mangilal Yadav, which was entertained by the Divisional Commissioner without first addressing the application for condonation of delay under section 5 of the Limitation Act. The petitioner also raised objections regarding the jurisdiction of the Divisional Commissioner to entertain the appeal/revision. The court referenced a similar case (Govind Agarwal V/s State of Rajasthan & Ors.) to support its decision to direct the Divisional Commissioner to resolve these preliminary issues promptly.

• Counselvise Citation: [2024] 140 COUNSELVISE.COM (IT) 727267 (HC-RAJASTHAN)
• Appeal Type: Others
• Pronouncement Date: 13-02-2024
• Assessment Year: misc
• Other Referred Cases: Govind Agarwal V/s State of Rajasthan & Ors.
• Laws Referred To: Rajasthan Municipalities Act, 2009, Limitation Act
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: SACHIN ACHARYA; JITENDRA MOHAN CHOUDHARY; KARAN PARIHAR; SAMYAK DALAL
• Assessee Lawyers: C S KOTWANI
• Keywords: Civil Writ Petition; Condonation of delay; Jurisdiction; Limitation Act; Patta Grant
• Section: 73; 5

Judgement Text

"[2024:RJ-JD:7358] HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR. S.B. Civil Writ Petition No. 1784/2024 Laxmi Kant Agarwal S/o Banarasi Lal Agarwal, Aged About 63 Years, R/o Shri Ram Colony, Banswara, Tehsil Banswara, District Banswara At Present Residing At Near Income Tax Office, Udaipur Road, Banswara, Rajasthan. ----Petitioner Versus 1. Divisional Commissioner, Banswara. 2. Authorised Officer, Nagar Parishad, Banswara. 3. Dr. Mangilal Yadav S/o Sh. Rupa Yadav, R/o Yadav Mohalla, Badgaon, Banswara, Rural Banswara. ----Respondents For Petitioner(s) : Mr. C.S.Kotwani. For Respondent(s) : Dr. Sachin Acharya, Sr. Advocate assisted by Mr. Jitendra Mohan Choudhary, Mr. Karan Parihar and Mr. Samyak Dalal. HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 13/02/2024 Heard learned counsel for the parties. The present writ petition has been filed against the order dated 11.07.2023 (Annex.16) as well as order dated 11.01.2024 (Annex.18) passed by the Divisional Commissioner, Banswara in the Appeal/Revision Petition No.3/2023 filed by the respondent No.3 under section 73 of the Rajasthan Municipalities Act, 2009 against grant of Patta to the petitioner. Learned counsel for the petitioner submits that the appeal/revision has been entertained by the Divisional Commissioner, Banswara without deciding the application filed [2024:RJ-JD:7358] (2 of 3) [CW-1784/2024] under section 5 of the Limitation Act. He submits that since the appeal/revision was time barred, therefore, the Divisional Commissioner, Banswara is under an obligation to decide the application filed under section 5 of the Limitation Act before entertaining the Appeal/Revision filed by the respondent No.3. He submits that the petitioner also raised an objections regarding the jurisdiction of the Divisional Commissioner on the appeal/revision filed at the instance of respondent No.3. Learned counsel further submits that unless the application under section 5 of the Limitation Act and the issue of objections filed by the petitioner with regard to jurisdiction for entertaining the appeal/revision is decided by the Divisional commissioner, further proceedings cannot be continued before the Divisional Commissioner, Banswara. He, therefore, prays that the Divisional Commissioner may be directed to decide the application filed under section 5 of the Limitation Act. He also prays that the issue of objections filed by the petitioner with regard to jurisdiction for entertaining the appeal/ revision petition may also be directed to be decided within a specific time frame. Learned counsel for respondent No.3 is not in a position to counter the submission made by learned counsel for the petitioner. He submits that in the identical situation, this court has decided a writ petition being S.B.Civil Writ Petition No.15983/2023 (Govind Agarwal V/s State of Rajasthan & Ors.) vide its order dated 02.12.2023. Having considered the submissions made before this court and also taking into account the fact that the Divisional Commissioner, Banswara has not decided the application preferred [2024:RJ-JD:7358] (3 of 3) [CW-1784/2024] by respondent No.3 under section 5 of the Limitation Act for condonation of delay in filing the appeal/revision and also the issue of objections filed by the petitioner with regard to jurisdiction for entertaining the appeal/revision petition, the present writ petition is disposed of with a direction to the Divisional Commissioner, Banswara to decide the application filed under section 5 of the Limitation Act for condonation of delay as also the objections raised by the petitioner with regard to jurisdiction for entertaining the appeal/revision petition within a period of four weeks from the date of receipt of certified copy of this order, strictly in accordance with law. (VINIT KUMAR MATHUR),J 44-AnilSingh/- "