MOHAMMED IBRAHIM Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) THE petitioner in the present writ petition has challenged the impugned order dt. 11.6.2010 (Ann. 12) and order dt 15.09.2009 (Ann. 10) and has prayed for besetting both these orders. While confining his arguments to the extent of validity and legality of the order passed by the appellate authority dt. 11.06.2010 (Ann. 12), the learned counsel for the petitioner has submitted that the appellate authority has not decided the appeal of the petitioner on merits and as such the said order is not sustainable. The submission of the learned counsel for the petitioner is that the appellate authority has taken shelter of its earlier order which was passed at petitioner's appeal and which has already been set at naught by this Court in the earlier petition preferred by the petitioner bearing S.B. Civil Writ Petition No. 6589/2007. With these submissions learned counsel for the petitioner, Mr. Parmendra Bohra has urged that the impugned order passed by the appellate authority is not at all legally sustainable.

(2.) MR . Hargovind Chanda and Mr. Deepak Kanojiya, the learned counsel for the respondents, are not disputing this fact situation that the earlier order passed by the appellate authority has been set at naught by this Court in earlier petition preferred by the petitioner. This being situation, the order passed by the appellate authority cannot be sustained.