STATE OF RAJASTHAN Vs. SAHI RAM BISHNOI

JUDGEMENT

(1.) BY way of this intra-court appeal, the appellants seek to question the order dated 27.08.2012 as passed in CWP No. 11215/2009 whereby the learned Single Judge of this Court has allowed the writ petition filed by the respondent; and has quashed the order dated 20.11.2009, whereby the appellants had withdrawn the nomination of the respondent to the office of Chairperson of the Rajasthan Bhoodan Yagna Board.

(2.) IN the order impugned, the learned Single Judge has directed as under:-

(3.) THE learned Additional Advocate General submits that though the cause in the writ petition as such does not appear surviving and for that reason, this intra-court appeal could also be treated as infructuous but then, the observations as made in the order impugned might cause prejudice to the appellants in any other case or dispute of similar nature because such observations could be treated as being of precedent. In this regard, suffice is to observe that when the writ petition is being treated as infructuous and we are not entering into the merits of the case, dismissal of this intra-court appeal shall not be treated as our expression of any opinion on the views expressed by the learned Single Judge either way. In other words, it shall be open for the parties concerned, if any occasion so arise in future, to make their submissions before the Court in accordance with law. Subject to the observations foregoing, the writ petition leading to this intra-court appeal, and this appeal itself, are treated as infructuous; and this appeal stands dismissed as such.