DBSAW No.668/2007 State of Raj. & Ors. Vs. Kangara Ram 1 D.B. Civil Special Appeal No.668/2007 State of Rajasthan & Ors. Vs. Kangara Ram DATE OF ORDER : - 13.4.2009 HON'BLE MR. PRAKASH TATIA, J. HON'BLE DR. VINEET KOTHARI, J. Mr. RL Jangid, Addl. Advocate General. <><><> Heard learned counsel for the appellant. The notice of the writ petition no.3478/2006 was issued by order dated 13th July, 2006. The notices were served upon the State on 27th July, 2006. The first date was 1st August, 2006. The appellant-respondent-State did not file the reply on 10.8.2006 upon which learned Single Judge imposed a cost of Rs.30,000/- after taking a serious view. Learned counsel for the appellant submitted that the total period between the service of the notice and imposing the cost by the order of the learned Single Judge dated 10.8.2006, there is gap of only 13 days and because of not DBSAW No.668/2007 State of Raj. & Ors. Vs. Kangara Ram 2 filing the reply in such a short period by the State Officer, the cost of Rs.30,000/- has been imposed. The facts referred above justifies for interference in appellate jurisdiction and we are of the view that there is no justification for imposing any cost when the notice was served upon the State only on 27th July, 2006 and they sought time on 10.8.2006 for filing reply. The case was attended by the State's counsel and seeking further time cannot be said to be a request as unjust request. In view of the above, this appeal is allowed and the impugned order dated 10.8.2006 so far as it relates to imposing cost of Rs.30,000/- is concerned, is set aside. (VINEET KOTHARI),J. (PRAKASH TATIA), J. c.p.goyal/-