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[2026:RJ-JD:5684-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT

JODHPUR

D.B. Spl. Appl. Writ No. 1014/2025

1. State Of Rajasthan, Through The Principal Secretary

Department Of Panchayati Raj Government Of Rajasthan

Jaipur Rajasthan

2. Chief Executive Officer, Zila Parishad Pali District Pali

Rajasthan.

3. Chief Executive Officer, Zila Parishad Jalore Rajasthan.

----Appellants

Versus

Faruk Sheikh S/o Shri Lilyakat Kha, Dahiyon Ka Baas, Tehsil Bali,

District Pali.

----Respondent

For Appellant(s) : Mr. Ram Avatar Sikhwal for

Mr. Nathu Singh Rathore

Mr. Pawan Bharti for

Mr. I.R. Choudhary, AAG

For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA

HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order(Oral)

31/01/2026

Per : Arun Monga, J

1. Applicant seeks condonation of delay of 685 days in filing the

accompanied appeal. For the reasons stated hereinafter, this is not

a fit case where discretion to condone the delay ought to be

exercised.

2. The explanation for seeking condonation is totally mechanical

and there seems to be no application of mind. No specific details

or day to day explanation have been given as to why the matter

remained pending.

3. For ready reference paras No.1 to 5 of the application are as

below:

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“1.That the Appellants are filing the present appeal against the

judgment passed by the learned Single Judge dated 16.01.2023.

2.It is most humbly submitted that the present appeal has been filed

after the expiry of the period of limitation as prescribed under the law

due to administrative lapses. The delay is minor and occurred due to

the taking of certain administrative decisions for filing the present

appeal. Not only this, due to the change of government as well as

counsels, some delay has occurred inadvertently.

3.That after obtaining the certified copy of the impugned order dated

16.01.2023, legal opinion was sought. After providing legal opinion

against the findings and relief given by the learned Single Judge, the

further process was carried out, and a decision to file an appeal was

taken.

4.Thereafter, guidance was sought from the Department to file the

appeal in pursuance of the meeting. Nonetheless, the adoption of a

strict standard of proof in cases where the Government is involved,

which is dependent on the actions of its officials, who often do not

have any personal interest, may lead to a miscarriage of justice.

Subsequently, sanction was granted to file the same through the office

of the Additional Advocate General. Thereafter, the same was drafted

and filed without further delay.

5.That between substantial justice and technical considerations,

substantial justice should be preferred, since the other side cannot

contend to have a superior right in injustice being done under a bona

fide mistake.”

4. Learned counsel for the applicant/State argues that the

present appeal is being filed with a minor delay caused due to

bona fide administrative and procedural requirements, including

obtaining the certified copy of the impugned judgment dated

16.01.2023, seeking legal opinion, completion of departmental

formalities, change of Government and counsel, and grant of

sanction from the competent authority. The delay is neither

intentional nor deliberate but occurred due to administrative

exigencies beyond the control of the Appellants. It is, therefore,

most respectfully submitted that in the interest of substantial

justice, the delay deserves to be condoned, as technical

considerations ought not to prevail over the cause of justice

5. We are unable to persuade ourselves with the aforesaid. It is

a settled position in law that delay confers crystallized rights in

favour of a litigant by virtue of law of limitation. Delay and latches

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since result in freezing of the vested rights in a party, which seeks

enforcement of the