[2026:RJ-JP:13507-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Special Appeal Writ No. 1037/2025 1. State Of Rajasthan, Through Principal Secretary To The Government, Rural Development And Panchayati Raj Department, Government Of Rajasthan, Secretariat, Jaipur. 2. The Chief Executive Officer, Zila Parishad, Dausa. 3. The District Education Officer, Student Institution, Agra Road, Dausa. 4. Superintendent, Government Ashram Hostel, Nayangaon, Tehsil Mahwa, District Dausa. 5. Chief Executive Officer, District Rural Development Institution, Collectorate Premises, Dausa. ----Appellants Versus Kailash Chand Sharma S/o Shri Ram Nath Sharma, Aged About 55 Years, Resident Of Village And Post Geejgarh, Tehsil Sikrai, District Dausa (Raj.) ----Respondent For Appellant(s) : Mr. Prateek Saxena with Ms. Anshul Ranga, AAAG For Respondent(s) : Mr. Jitendra Kumar Sharma HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SHUBHA MEHTA Order 01/04/2026 1. Heard on application No.852/2025 filed under Section 5 of the Limitation Act for condonation of delay of 697 days. 2. It is mentioned that delay is neither unintentional nor willful and that the delay has occurred in order to follow the procedure. [2026:RJ-JP:13507-DB] (2 of 2) [SAW-1037/2025] 3. We find that the reason is wholly convincing and the State is similar litigant to other litigants and no different yardstick can be allowed to be adopted to a certain extent. 4. The Hon’ble Supreme Court has recently passed an order in the case of State of Odisha & Ors. v. Managing Committee of Namatara Girls High School, reported in 2026 SCC OnLine SC 191 the Court held as under:- “20.We have found the State of Odisha to be utterly lethargic, tardy and indolent not only before the High Court but also before this Court. Notwithstanding that its appeal was dismissed as time-barred by the High Court, this Court has been approached by the State of Odisha four months after expiry of the period of limitation. 21. Condonation of delay cannot be claimed as a matter of right. It is entirely the discretion of the Court whether or not to condone delay. Despite all the latitude that is shown to a “State”, we are of the clear opinion that 10 the cause sought to be shown here by the State of Odisha is not an explanation but a lame excuse. No case for exercise of discretion has been set up. “ 5. Keeping in view of the above, the present special appeal writ is dismissed. 6. Pending application(s), if any, stand dismissed accordingly. (SHUBHA MEHTA),J (SANJEEV PRAKASH SHARMA),ACTING CJ LAKSHYA SHARMA /21