MOHAMMAD SAEED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Learned Senior Counsel for the petitioners submitted that reference was made for constitution of Larger Bench as there were two earlier Division Bench judgments in Tayyab Hussain versus State of Rajasthan(D.B. Civil Reveiw Petition No.22/2002)and Miss Altaf Bano versus State of Rajasthan(D.B. Civil Special Appeal No.258/2004) with regard to the controversy-in-question, whereas, in a subsequent Division Bench judgment in State of Rajasthan and others versus Firdos Tarannum 2006 (2) WLC (Raj.) 596, a different view was taken. However, now, the judgment given by the Division Bench of this Court in State of Rajasthan and others versus Firdos Tarannumrs case has been set aside by the Hon'ble Supreme Court and the case has been remanded to this Court for a fresh decision, in accordance with law. Thus, at this stage, nothing survives in this reference, as on date, it can be said that there are no two judgments giving a divergent/different view.

(2.) Learned State Counsel, has also supported the submissions made by learned counsel for the petitioners.

(3.) Order dated 27.04.2013 passed by the learned Single Judge, whereby, reference of the matter was sought to be made to a Division Bench reads as under :-