PURUSHOTTAM LAL GARG 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 & 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.) A bunch of 62 Special Appeals (State of Rajasthan v/s. Shyam Swaroop Upadhayaya Writ No. 936/05) 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/s. Ramniwas Porwal, 2008 (2) WLC 406) ad infra:

(3.) Consequently, writ petition is hereby disposed of with the direction to the Petitioner to make fresh representation within one month and if made, Respondent -authority is directed to pass appropriate orders in terms of DB decision in State of Rajasthan v/s. Ramniwas Porwal (supra) and communicate the decision with in three months to Petitioner who if feels aggrieved, will be free to avail of remedy under law.