Research › Search › Judgment

High Court of Rajasthan · body

2025 DAILYLAW 31278 (RAJ)

ARCHANA SHARMA v. STATE OF RAJ PROSECUTION DEPT ANR

WRW/400/2017 · 2025-08-12

Maneesh Sharma

Review Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

[2025:RJ-JP:31215] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Review Petition (Writ) No. 400/2017 IN S.B. Civil Writ Petition No. 14173/2016 Archana Sharma D/o Sh. Om Prakash Sharma, aged about 36 years R/o Ward No. 8, Doliya Ka Baas, Sikar, 332001 Raj. ----Petitioner Versus 1. State Of Rajasthan Through Director, Department Of Prosecution, Room No. 7020, 7226 Food Building, Secretariat, Jaipur-302005 Rajasthan 2. Rajasthan Public Service Commission Through Its Secretary, Ghoogra Ghati, Ajmer Rajasthan ----Respondents For Petitioner(s) : Mr. Tanveer Ahamad For Respondent(s) : Mr. M. Faisal Baig HON'BLE MR. JUSTICE MANEESH SHARMA Order 12/08/2025 1. The present review petition has been filed under Order 47 Rule 1 of Code of Civil Procedure, 1908 to review the order dated 05.10.2016 passed in S.B. Civil Writ Petition No. 14173/2016. 2. Counsel for the petitioner submits that against the order dated 05.10.2016, two appeals were preferred bearing No.D.B. Civil Special Appeal(Writ) Nos.1354/2016 and 1360/2016, whereby the petitions were remitted back for decision. Counsel for the petitioner further submits that in view of the above remand order, the order dated 05.10.2016 passed in the writ petition S.B. Civil Writ Petition No. 14173/2016 may kindly be reviewed. [2025:RJ-JP:31215] (2 of 3) [WRW-400/2017] 3. Per contra, the learned counsel for the respondents opposed the said submissions and submits that since the petitioners have not assailed the order within time, they are not entitled to seek review of the order dated 05.10.2016. He further submits that from a bare perusal of the order dated 05.10.2016, there is no error apparent on the face of the record, which is a prerequisite of entertaining a review petition. He also submits that in a similar controversy, the Co-ordinate Bench of this Court in the matter of Chandra Shekhar Sharma Vs. State of Rajasthan passed in S.B. Civil Writ Petition No. 17538/2016 has already decided the issue involved in the present writ petition against the petitioners. He further submits that there is no sufficient cause for condonation of the inordinate delay in assailing the order dated 05.10.2016. 4. Heard the submissions made at bar and perused the impugned order. 5. Since the S.B. Civil Writ Petition No.14173/2016 was decided vide order dated 05.10.2016, the D.B. SAW No. 1354/2016 and D.B. SAW No. 1360/2016 were decided on 11.11.2016, and the present review petition was filed on 05.12.2017, i.e. after an inordinate delay of 384 days and no satisfactory explanation has been provided in the application for condonation of delay (I.A. No.45/2018), therefore, no case is made out for condoning the delay. Accordingly, the application filed under Section 5 of the Limitation Act, 1963 for condonation of delay in filing the review petition is dismissed. 6. Apart from the above, a bare look to the order dated 05.10.2016 demonstrates that there is no error apparent on the [2025:RJ-JP:31215] (3 of 3) [WRW-400/2017] face of record and merely because in another writ petition the order dated 05.10.2016 was set aside qua those petitioners, the same cannot be a ground of review since the present petitioner has not assailed the order dated 05.10.2016 within time. Thus, the order dated 05.10.2016 attains finality qua the present petitioner. 7. Lastly, in view of the facts stated by the learned counsel for the respondents, especially the decision of similar matters in Chandra Shekhar Sharma (Supra) wherein an identical issue has been decided against the petitioner, this Court finds no ground to review the order dated 05.10.2016. 8. Accordingly, the present review petition is dismissed. 9. Any other pending application(s), if any, stands disposed of. (MANEESH SHARMA),J SOURAV /47