(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: