BABULAL Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) THIS matter has a checkered history. THIS special appeal is arising out of the judgment dated 7. 12. 1993 passed by the learned Single Judge in writ petition No. 5842/91 filed by the appellant petitioner, whereby, the learned Single Judge dismissed the writ petition. Earlier, this special appeal was heard and finally decided by the Division Bench of this Court consisting of Hon'ble Justice B. R. Arora (as he then was) and Hon'ble Justice V. G. Palshikar on 17. 1. 1997. The same was dismissed on the ground that the appellant wanted to raise several grounds other than the grounds which were raised before the learned Single Judge, which was not permissible under the law. They wanted to rely upon the subsequent judgment of the Hon'ble Supreme Court delivered on 18. 3. 1996 in civil appeal No. 4804/96 filed by Ratan Lal Bohra against State of Rajasthan (1) but the Division Bench of this Court refused to look into the same because the judgment was rendered by the Hon'ble Supreme Court after the writ petition was dismissed by the learned Single Judge in 1993.

(2.) THE appellant challenged the judgment and order dated 17. 1. 1997 dismissing the special appeal before the Hon'ble Supreme Court in civil appeal No. 739/99 which was allowed by the Hon'ble Supreme Court on 5. 2. 99 and this special appeal was restored to the file of this Court with a direction to hear and decide the same on merits without reference to the order passed by the Division Bench of this Court on 17. 1. 1997. While remanding this matter back to the High Court, the Hon'ble Supreme Court had not expressed its opinion on the merits of the case as it was likely to cause prejudice to either side. Accordingly, we have heard this special appeal and decided without being swayed away by the earlier order dated 17. 1. 1997 passed by another Division Bench of this Court.

(3.) UNDER the circumstances, it cannot be said that the learned Single Judge was wrong in dismissing the writ petition filed by the petitioner.