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Judgment
Heard on the application under Section 5 of the Limitation Act so as the appeal with the consent of learned counsel for the parties.
It is not disputed by the parties that out of the appeals arising out of the common order dated 04th May, 2017 in bunch of the writ petitions, the appeal
in the case of Ashok Kaviya Vs.State of Rajasthan & Ors., DB Special Appeal Writ NO. 1062/2017 decided on 15th December, 2017 has been
allowed. In view of the above, we cannot take a different view than expressed by the Co-ordinate Bench of this Court.
There is a delay of 183 days in filing of the appeal but the application for condonation of delay has been filed explaining the circumstances of delay.
The appeal has been filed mainly in reference to the order passed by the Division Bench in the case of Ashok Kaviya (supra) thus it comes out that
earlier the appellant did not take a decision to file it but persuaded after the judgment in the case of Ashok Kaviya (supra).
In view of the above, the application for condonation of delay is allowed. The delay in filing the appeal is condoned. It is moreso when if this Court
dismisses the application, it would result in maintaining common judgment in bunch of writ petitions, whereas, in the case of Ashok Kaviya (supra), the
impugned judgment has been set aside. Thus, to maintain parity also, the application for condonation of delay is allowed. The delay in filing the appeal
is condoned.
In view of the above, the appeal is allowed and is ordered to be governed by the judgment in the case of Ashok Kaviya (supra).