(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 & bunch of others (State of Rajasthan v/s. Ramniwas Porwal)on 13/12/07 (Per Hon. Mr. Rajesh Balia, J.), (2008 (2) WLC 406) clarifying the position ad infra:
(2.) 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/s. Ramniwas Porwal & State of Rajasthan v/s. Shyam Swaroop Upadhyaya quoted (supra) & communicate it within three months to the Petitioner who if feels aggrieved, will be free to avail of remedy under law.