{"id":9530,"date":"2026-09-05T08:02:25","date_gmt":"2026-09-05T08:02:25","guid":{"rendered":"https:\/\/lawsandlegals.com\/english\/?p=9530"},"modified":"2026-09-05T08:02:28","modified_gmt":"2026-09-05T08:02:28","slug":"rajasthan-hc-delay-must-be-condoned-before-stay-can-be-granted-in-time-barred-appeal","status":"publish","type":"post","link":"https:\/\/lawsandlegals.com\/english\/rajasthan-hc-delay-must-be-condoned-before-stay-can-be-granted-in-time-barred-appeal\/","title":{"rendered":"Rajasthan HC: Delay Must Be Condoned Before Stay Can Be Granted in Time-Barred Appeal"},"content":{"rendered":"\n

Jaipur:<\/strong> The Rajasthan High Court has ruled that an appellate authority cannot grant a stay in a delayed appeal without first deciding the application seeking condonation of delay, except in exceptional circumstances.<\/p>\n\n\n\n

Justice Anup Kumar Dhand quashed a stay order passed by the Revenue Appellate Authority (RAA) in an appeal filed more than three years late, holding that the RAA should have first decided whether the delay could be condoned.<\/p>\n\n\n\n

The dispute arose from a revenue matter in which an order dated January 25, 2022 had restored the petitioner\u2019s case. The respondent challenged that order after a delay of more than three years and also filed an application seeking condonation of the delay.<\/p>\n\n\n\n

While that application was still pending, the RAA stayed the operation of the 2022 order on June 10, 2026.<\/p>\n\n\n\n

Appeal Cannot Be Entertained Until Delay Is Condoned<\/h3>\n\n\n\n

The High Court held that limitation is not merely a technical issue. It goes to the jurisdiction of the appellate authority. Unless the delay is condoned, the delayed appeal cannot be treated as a validly instituted appeal.<\/p>\n\n\n\n

The court observed \u201climitation is not a mere technicality but pertains to the very jurisdiction of the Court, striking at the root of the Appellate Authority\u2019s competence to entertain the appeal. Unless the delay in filing the appeal is condoned, the appeal cannot be said to have come into existence in the eyes of law.\u201d<\/p>\n\n\n\n

The Court also further observed that a stay may be granted in a time-barred appeal only in exceptional circumstances involving serious consequences. No such circumstances were found in the present case.<\/p>\n\n\n\n

Therefore, High Court quashed the RAA\u2019s June 10, 2026 stay order and also set aside the consequential order passed by the Board of Revenue on August 4, 2026.<\/p>\n\n\n\n

The RAA has now been directed to first hear both sides on the application for condonation of delay and decide it according to law.<\/p>\n\n\n\n

The parties have been directed to appear before the RAA on September 22, 2026.<\/p>\n","protected":false},"excerpt":{"rendered":"

Jaipur: The Rajasthan High Court has ruled that an appellate authority cannot grant a stay in a delayed appeal without first deciding the application seeking condonation of delay, except in exceptional circumstances. Justice Anup Kumar Dhand quashed a stay order passed by the Revenue Appellate Authority (RAA) in an appeal filed more than three years … Read more<\/a><\/p>\n","protected":false},"author":2,"featured_media":9219,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_wppp_is_locked":false,"_wppp_selected_plans":[],"footnotes":""},"categories":[69,29],"tags":[2652,1691,2653,2655,2649,2654,1783,2647,659,43,150,2650,1699,2648,1692,2646,2651],"class_list":["post-9530","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-rajasthan-high-court","category-top-stories","tag-appellate-authority","tag-board-of-revenue","tag-condonation-of-delay","tag-delayed-appeal","tag-jurisdiction","tag-justice-anup-kumar-dhand","tag-limitation","tag-raa","tag-rajasthan-hc","tag-rajasthan-high-court","tag-rajasthan-legal-news","tag-revenue-appeal","tag-revenue-appellate-authority","tag-revenue-dispute","tag-revenue-law","tag-stay-order","tag-time-barred-appeal"],"_links":{"self":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9530","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/comments?post=9530"}],"version-history":[{"count":1,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9530\/revisions"}],"predecessor-version":[{"id":9531,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/posts\/9530\/revisions\/9531"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media\/9219"}],"wp:attachment":[{"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/media?parent=9530"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/categories?post=9530"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/lawsandlegals.com\/english\/wp-json\/wp\/v2\/tags?post=9530"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}