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Judgment
The matter comes up for consideration of the application No.01/23 preferred on behalf of the petitioner for overruling the defect as pointed out by the Registry.
For the reasons mentioned in the aforesaid application for overruling the defect, the same is allowed.
Learned Dy.S.G. has shown the judgment of Division Bench of this Court rendered in the case of Shiv Lal Meghwal vs. Union of India & Ors. (D.B. Civil Writ Petition No.3823/2023) decided on 31.05.2023, whereby delay of 32 years was made a ground for dismissing claim of the petitioner. The aforesaid judgment passed by the Hon’ble Division Bench of this Court has been upheld by the Hon’ble Supreme Court vide order dated 21.08.2023 rendered in the case of Shiv Lal Meghwal vs. Union of India & Ors. (S.L.P. No.17487/2023).
Admittedly, delay in the present case is of 44 years and 8 months.
Learned counsel for the petitioner tried to persuade this Court on merits, but without interfering on the dictum as laid down in Shiv Lal Meghwal’s case (supra), the present writ petition is dismissed on the ground of delay only which is of 44 years and 8 months in the instant case.
