State of Rajasthan vs Damodar

Instant intra-Court appeal has been filed against order of the learned Single Judge dt. 01.04.2013. Office has pointed out that there is delay of 97 days in filing of the present appeal for which application has been filed seeking condonation of delay u/S. 5 of Limitation Act but from perusal of the application reasons assigned seeking condonation are stereotyped justification and that can be considered in all the cases filed at the instance of the State Government where there is a delay in filing of the appeal which cannot be considered to be a reasonable & bonafide justification seeking condonation.

Apart from it, the reference was made after 40 years of mutation opened in the name of respondent u/S. 82 of the Rajasthan Land Revenue Act, 1956 and the learned Board of Revenue taking into consideration the material which came on record and after prima facie taking note of the merits as well was of the view that the reference made after 40 years is after inordinate delay and was of the view that it may not be in the interest of justice to entertain and accordingly dismissed the reference made vide order dt. 17.04.2012 against which writ petition came to be preferred and since no reasonable justification came forward for making reference after 40 years the writ petition also came to be dismissed.

The Officer-in-Charge present in person submits that as regards the merit, the land originally belongs to deity and being a perpetual minor the land could not have been transferred and all the subsequent transactions are void ab initio as such delay in itself may not come as an impediment to deprive the legitimate right of a perpetual minor since nobody is there to look after its rights.

The Board of Revenue has also taken note of the merits as well and found that mutation was opened way back in 1949 of the subject land and was transferred in numerous hands during the intervening period and rights have been conferred and after such an inordinate delay it will not be in the interest of justice to entertain the reference.

Apart from the delay this Court also find justification in what has been expressed by the Board of Revenue and affirmed by the learned Single Judge of this Court. Accordingly, the application u/S. 5 of Limitation Act & so also the main appeal both stand dismissed.