MUMTAZ ALI Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) MR . Vijay Punia, for the petitioner.

(2.) THE learned Counsel for the petitioner is ad idem that this case is squarely covered by the judgment dated 14.10.2009 passed by this Court in the case of Kailash Chand Sharma and Ors. v. State and Ors. Therefore, this case is being decided at the admission stage itself. The learned Counsel for the petitioner submits that controversy raised in instant petition has been decided by Division Bench decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan v. Ramniwas Porwal) on 13/12/07 (Per Hon'ble Mr. Rajesh Balia, J.), 2008 (2) WLC 406 clarifying the position ad infra:

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