YASHWANT SINGH Vs. RAJASTHAN FINANCIAL CORPORATION

JUDGEMENT

(1.) THE petitioner by this writ petition has prayed that Section 29 of the State Financial Corporation Act, 1951 (here in after referred to as 'the Act') may be declared as unconstitutional and may be struck down. He has also prayed that the Rajasthan Financial Corporation may be restrained from taking over the possession of the factory of the petitioner and the sale notice Ex. 3 may be quashed.

(2.) SO far as the validity of Section 29 of the Act is concerned, the same has already been upheld by this Court at Jaipur Bench in M/s Hotel Ajaymeru Pvt. Ltd. v. Rajasthan Financial Corporation and another (S.B. Civil Writ petition No. 648 of 1985 decided on 19 -9 -1985) Mr. Singhvi learned counsel for the petitioner submits that Section 32 was not taken into consideration and the judgment of their Lordships of the Supreme Court in Shashi Kumar Sinha and ors v. State of Bihar and ors (Special Leave Petition (Civil) No. 5142 of 1979 decided on 7 -5 -1980 was not brought to the notice of the learned Judge. Once, the learned Single Judge has already upheld the validity of the provisions of Section 29 of the Act, it would not be proper for me to take different view in the present facts and circumstances of this case. Learned Single Judge after reviewing a large number of Supreme Court cases and taking into consideration the conspectus of the scheme of the Act has held that Section 29 of the Act is valid and I do not see any reason to take a different view in the matter. Thus, so far as the question of validity is concerned, the question is no longer open so far as this Court is concerned.

(3.) SO far as the question of validity is concerned, I have already stated above that in view of the judgment of this Court in M/s Ajaymeru Pvt. Ltd.'s case that question cannot be reopened.