STATE OF RAJASTHAN Vs. BAJRANG LAL

JUDGEMENT

(1.) D.B. Civil Special Appeal (Writ) No. 618/2008 State of Rajasthan and Anr. v. Bajrang Lal Sharma and Ors. is directed against the order dated 09.07.2009 passed by the learned Single Judge on two applications under Article 226(3) of the Constitution of India i.e. S.B. Civil Misc. Applications No. 8046/2009 and 6550/2009 in S.B. Civil Writ Petition No. 8104/2008, whereby both, the applications were dismissed and the ad-interim ex-parte stay order dated 22.8.2008 was confirmed till the disposal of the writ petition.

(2.) On 27.7.2009, the said special appeal was listed before the Division Bench presided by the then Hon'ble Acting Chief Justice, and it was directed that appeal be listed on 29.7.2009 alongwith the appeals No. 05313/2009, 610/2009, 611/2009 & 612/2009 and writ petition 8157/2009. The above cases were listed on 20.10.2009 and the Division Bench passed an order that, "as suggested and agreed by both the parties, the registry is directed to list the writ petitions as well as the special appeals" (14 in number), as mentioned in the order. Again on 26.10.2009, the Division Bench passed an order to list the cases alongwith the connected matters, as mentioned in the order. Thereafter, the matters were listed on 4.12.2009, and on that date, one of the member of Division Bench made an exception, therefore, the matters were put up before Hon'ble the Chief Justice on 17.12.2009, who constituted this Bench for hearing the above matters as well as other connected matters, as mentioned in the note-sheet of the registry. In these circumstances, these matters have come up before us for hearing.

(3.) We have heard the learned Counsel for the parties and examined the record.