[2025:RJ-JP:29455-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 383/2024 in S.B. Civil Writ Petition No.11231/2015 1. Rajasthan Housing Board, Jaipur Through Chairman. 2. Deputy Housing Commissioner, Rajasthan Housing Board, Kota Circle, Kota. ----Appellants Versus Khem Chand Dixit (Sharma) S/o Late Shri Choth Mal Ji Dixit, Aged About 71 Years, R/o 2-R-19, Talwadi Kota. Retired Employee Of Rajasthan Housing Board, District Kota. ----Respondent For Appellant(s) : Mr. Mirza Faisal Baig For Respondent(s) : Mr. S.L. Sougara HON'BLE MR. JUSTICE SANJEEV PRAKASH SHARMA HON'BLE MR. JUSTICE CHANDRA PRAKASH SHRIMALI Order 0 1/0 8 /2025 1. The challenge to the order dated 21.08.2023 passed by the learned Single Judge, is highly belated. The application (No.331/2024) filed under Section 5 of the Limitation Act does not give any cogent & valid reasons for an inordinate delay in filing of this special appeal writ. The decision to file an appeal, has only been after the issue was taken up in contempt proceedings. 2. Learned counsel for the respondent has relied upon the recent judgment passed by the Hon'ble Supreme Court in the case of Government of Maharashtra (Water Resources Department) v. M/s. Borse Brothers Engineers and Contractors Pvt. Ltd. [(2021) SCC Online SC 233], in which the explanation was noted in para No.65, which reads as under:- [2025:RJ-JP:29455-DB] (2 of 2) [SAW-383/2024] "65. That apart, on the facts of this appeal, there is a long delay of 75 days beyond the period of 60 days provided by the Commercial Courts Act. Despite the fact that a certified copy of the District Court's judgment was obtained by the respondent on 27.04.2019, the appeal was filed only on 09.09.2019, the explanation for delay being: "2. That, the certified copy of the order dated 01/04/2013 was received by the appellant on 27/04/2019. Thereafter the matter was placed before the CGM purchase MPPKVVCL for the compliance of the order. The same was then sent to the law officer, MPPKVVCL for opinion. 3. That after taking opinion for appeal, and approval of the concerned authorities, the officer- in-charge was appointed vide order dated 23/07/2019. 4. That, thereafter due to bulky records of the case and for procurement of the necessary documents some delay has been caused however, the appeal has been prepared and filed to pursuant to the same and further delay. 5. That due to the aforesaid procedural approval and since the appellant is a public entity formed under the Energy department of the State Government, the delay caused in filing the appeal is bonafide and which deserve [s] to be condoned." 3. The delay of 220 days was held to be on account of procedural delay and the same is not sufficient to condone the delay. Therefore, the application (No.331/2024) filed under Section 5 of the Limitation Act stands dismissed. 4. The special appeal writ is also dismissed. 5. Pending application(s), if any, stands dismissed. (CHANDRA PRAKASH SHRIMALI),J (SANJEEV PRAKASH SHARMA),J GAURAV SHARMA /60