(1.) Leave granted.
(2.) This appeal by special leave by the State of Rajasthan is preferred against the Judgment dated 5th September, 2007 of a Division Bench of the High Court of Judicature for Rajasthan at Jodhpur in D.B. Civil Special Appeal No. 749 of 2007 dismissing the appeal filed by the Appellant against the judgment and order passed by a learned Single Judge of that Court dated 12th September, 2006 in Civil Writ Petition No. 2611 of 2006.
(3.) The facts giving rise to the present appeal are thus: