[2026:RJ-JD:8216-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Spl. Appl. Writ No. 824/2025

1. State Of Rajasthan, Through The Secretary, Department Of Home, Secretariat, Govt. Of Rajasthan, Jaipur.

2. The Inspector General Of Police, Jodhpur Range, Jodhpur.

3. The Superintendent Of Police, Pali, District Pali.

4. The Superintendent Of Police, Bundi, District Bundi.

----Appellants Versus Thana Ram S/o Shri Joga Ram, Aged About 45 Years, R/o Levera Khurd, Tehsil Bavadi, Police Station Khedapa, Districtjodhpur (Rajasthan).

----Respondent For Appellant(s) : Mr. Deepak Chandak for Mr. B.L. Bhati, AAG For Respondent(s) :

HON'BLE MR. JUSTICE ARUN MONGA HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT

Order (Oral)

13/02/2026 Per: Arun Monga, J

1. Applicant seeks condonation of delay of 162 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 (a) to (e) of the application are as below:

“(a) That the appellants have filed this appeal against the judgment dated 09.09.2024 passed by the learned Single Bench in S.B. Civil Writ Petition No. 2961/2020, and the appellants have every hope of succeeding in this appeal.

(b) That the judgment was passed on 09.09.2024, and after deciding the writ petition, the certified copy of the order was obtained from the Hon’ble Court and the same was sent to the higher authorities of the department for taking further action in the matter after obtaining the opinion of the Government Counsel.

(c) That thereafter, the matter went through different departmental channels, and a decision was taken at the State level to file an appeal in the meeting of the committee.

(d) That thereafter, the Officer-in-Charge of the case was appointed. Subsequently, the OIC contacted the AAG, Rajasthan High Court, Jodhpur, with the record of the case on 24.03.2025. The AAG prepared the special appeal/stay petition and filed the same at the earliest.

(e) That with great respect, it is most respectfully submitted that the delay caused in filing the special appeal is bona fide and due to official procedure, and there is no intentional or deliberate delay on the part of the appellants. Therefore, the delay caused in filing the special appeal deserves to be condoned, and the special appeal deserves to be heard and decided on merits.”

4. Learned counsel for the appellant-State argues that the delay in filing the special appeal is bona fide and due to official procedure, as after the judgment dated 09.09.2024, the certified copy was obtained, legal opinion sought, and the matter processed through departmental channels for State-level approval, following which the Officer-in-Charge handed over the record to the learned AAG, Rajasthan High Court, Jodhpur, who filed the appeal at the earliest; the delay was neither intentional nor deliberate and deserves to be condoned in the interest of justice.

5. No doubt in deserving case, Courts are liberal to grant indulgence but instant is not a case of such kind.

6. 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 since result in freezing of the vested rights in a party, which seeks enforcement of the same, the said right cannot be taken away unless there is a sufficient cause shown by the party seeking condonation of delay.

7. Having gone through the contents of the application under Section 5 of the Limitation Act seeking condonation of delay, it transpires that not only a completely beaten up stand has been taken therein justifying the delay in the most mechanical and nonchalant manner, but, even otherwise, its lacks the necessary particulars.

8. Qua the law applicable on c