JAGDISH PRASAD Vs. STATE AND ORS.

JUDGEMENT

(1.) COUNSEL submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 and bunch of others (State of Rajasthan v. Ramniwas Porwal) on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.), (2008 (2) WLC 406) clarifying the position ad infra:

(2.) A bunch of 62 Special Appeals (Writ) (No. 936/05 State of Rajasthan v. Shyam Swaroop Upadhayaya) came up for consideration before Division Bench at Jaipur Bench - that too vide judgment dt.04/04/08 (per Hon. Mr. R.M. Lodha, J.) were disposed of in the light of judgment in State of Rajasthan v. Ramniwas Porwal, (2008(2) WLC 406) ad infra:

(3.) WITHOUT going into merits at this stage, consequently, writ petition is disposed of with the direction to the Petitioner to make fresh representation within one month and if made, Respondent -authority is directed to pass speaking order in terms of DB decision in State of Rajasthan v. Ramniwas Porwal and State of Rajasthan v. Shyam Swaroop Upadhyaya quoted (supra) and communicate it within three months to the Petitioner who if feels aggrieved, will be free to avail of remedy under law.