JAIPUR VIDHYUT VITRAN NIGAM LIMITED v. RAMESH CHANDRA MENGHANI S/O LATE SHRI LALCHAND MENGHANI
WRES/73/2026 · 2026-03-06
Sanjeev Prakash Sharma, Shubha Mehta
body2026
DailyLaw.ai
[ 2026 DAILYLAW 5698 (RAJ) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 5698 (RAJ) · dailylaw.ai ]
Judgment text
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[2026:RJ-JP:9688-DB] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR D.B. Writ Restoration Application No. 73/2026 IN D.B. Civil Special Appeal (Writ) No. 764/2025 IN D.B. Civil Writ Petition No. 7028/2024
1. Jaipur Vidhyut Vitran Nigam Limited, Vidhyut Bhawan, Jyoti Nagar, Jaipur Through Its Managing Director.
2. The Secretary (Administration), Jaipur Vidhyut Vitran Nigam Limited, Vidhyut Bhawan, Jyoti Nagar, Jaipur.
3. The Account Office (EA), Jaipur Vidhyut Vitran Nigam Limited, Shed No. 1, Old Power House, Banipark, Jaipur ----Petitioners Versus Ramesh Chandra Menghani S/o Late Shri Lalchand Menghani, Aged About 67 Years, R/o 292/C, Sindhi Colony, Banipark, Jaipur-302016 ----Respondent For Petitioner(s) : Mr. Ritwick Dave For Respondent(s) :
HON'BLE THE ACTING CHIEF JUSTICE MR. SANJEEV PRAKASH SHARMA HON'BLE MRS. JUSTICE SHUBHA MEHTA
Order 06/03/2026
1. The matter comes up on an application (CMCW No.153/2026) filed under Section 5 of the Limitation Act for condoning the delay in filing the application.
2. The application is allowed, for the reasons stated therein. Delay in filing the application is condoned.
3. Heard on restoration application.
[2026:RJ-JP:9688-DB] (2 of 3) [WRES-73/2026]
4.
Learned counsel for the applicant prays for restoring the appeal and deciding the same in terms of D.B. Special Appeal Writ No. 467/2025 which was dismissed by this Court on 04.11.2025.
5. The prayer is found to be reasonable.
6. For the reasons stated in the restoration application, the application is allowed. The appeal is restored to its original number. D.B. Civil Special Appeal (Writ) No. 764/2025:
7. D.B. Civil Special Appeal (Writ) No. 764/2025 is taken up for admission.
8. Heard.
9. We find that in the judgement passed in D.B. Special Appeal Writ No. 467/2025 (Jaipur Vidyut Vitran Nigam Limited & Anr. Vs. Udai Ram Verma) dated 04.11.2025, this Court had considered the law relating to the recovery of dues from retired persons and taking note of the judgement passed in State of Punjab & Ors. Vs. Rafiq Masih & Ors. (White Washer) reported in (2015) 4 SCC 334 and the recent judgments passed in the case of Thomas Daniel Vs. State of Kerala & Ors. (2022) SCC Online SC 536 and in the case of Jogeswar Sahoo & Ors. Vs. The District Judge, Cuttack & Ors. reported in 2025 INSC 449. The relevant paras of Udai Ram Verma (supra) are reproduced below:-
4. The said judgment was again followed by the Hon’ble Supreme Court in the case of Jogeswar Sahoo & Ors. Vs. The District Judge, Cuttack & Ors., wherein, the law laid down in Thomas Daniel (supra) was reiterated and the recoveries were quashed.
[2026:RJ-JP:9688-DB] (3 of 3) [WRES-73/2026]
5. Keeping in view the settled law as laid down by the Hon’ble Supreme Court in the recent judgment passed in Jogeswar Sahoo (supra) on 04.04.2025 as well as Thomas Daniel (supra), we find no reason to entertain this appeal. The order passed by the learned Single Judge is upheld.
6. The appeal is dismissed.
10. The present appeal based on the similar facts, therefore, also stands dismissed in terms of order dated 04.11.2025 passed in the case of Udai Ram Verma (supra). The observation/direction therein shall apply mutatis mutandis to the present case.
11. A copy of this order be placed in the file of D.B. Civil Special Appeal (Writ) No. 764/2025.
(SHUBHA MEHTA),J (SANJEEV PRAKASH SHARMA),ACTING CJ RIYA/79