(1.) XXX XXX XXX
(2.) XXX XXX XXX
(3.) Upon hearing the learned advocates appearing for both the sides, it appears that the issue arising for consideration in the present petition is same as was considered by this Court in Special Civil Application No.10007 of 2008. In the said decision dated 12.08.2008, this Court at paras 9 (A) to 9 (D) observed as under: