Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 636 (RAJ)

Jaipur Development Authority v. Ram Kumar

2023-03-01

SAMEER JAIN

body2023
ORDER : (Sameer Jain, J.) By way of present restoration application (in S.B. Civil Writ Petition No.14843/2014), the applicant is seeking recall of order dated 29.04.2015 passed by Deputy Registrar (Judicial), by which the writ petition was dismissed for non compliance of peremptory order dated 09.03.2015. 2. Vide order dated 01.05.2019, applicant was directed to file specific affidavit within two weeks showing the cause of delay for not curing out the defects within the stipulated time. 3. On 02.02.2023, an adjournment was sought. 4. On 20.02.2023, no one appeared. 5. In compliance of order dated 01.05.2019, the additional affidavit was filed only on 16.02.2023, that is after a delay of almost four years. 6. The present matter appears to be riddled with delay and laches. The writ petition was filed in the year 2014 wherein the petitioner was directed to cure the defects within a period of four weeks vide order dated 09.03.2015. For non-compliance of the same, Deputy Registrar (Judicial) dismissed the writ petition vide order dated 29.04.2015. Against the same, restoration application was filed after five years, i.e. in the year 2019. 7. The affidavit filed in compliance of order dated 01.05.2009 is also vague and non-specific. It is noted that despite of JDA having a battery of panel counsels and a dedicated Legal Cell under the leadership of Director Law, no promptness is displayed and the matters are kept pending for years altogether. 8. The present restoration application, being riddled with delay and laches, is dismissed, in view of Hon'ble Apex Court judgment of Union of India & Ors v. N Murugesan (Civil Appeal Nos. 2491-2492 of 2021; decided on 07.10.2021). 9. This court also direct Secretary, UDH, to look into the matter wherein such callous approach is undertaken by office holders of JDA and if deemed necessary, initiate appropriate disciplinary proceedings against the erring officers because ultimately the State is made to suffer for inaction of the individuals.