CHIRANJILAL Vs. STATE

JUDGEMENT

(1.) Counsel submits that controversy raised herein has been decided by DB decision of this Court at principal seat Jodhpur in Special Appeal (Writ) 208/06 & bunch of others (State of Rajasthan v. Ramniwas Porwal, 2008 2 WLC(Raj) 406 clarifying the position ad infra:

(2.) A bunch of 62 Special Appeals (Writ) No. 936/05 State of Rajasthan v. Shyam Swaroop Upadhayaya came up for consideration before Division Bench at Jaipur Bench - that too vide judgment dt. 04/04/08 (per Hon. Mr. R.M. Lodha, J.) were disposed of in the light of judgment in State of Rajasthan v. Ramniwas Porwal, 2008 2 WLC(Raj) 406 ad infra:

(3.) Consequently, writ petition is hereby disposed of with the direction to the petitioners to make fresh representation within one month and if made, respondent- authority is directed to pass appropriate orders in terms of DB decision in State of Rajasthan v. Ramniwas Porwal (supra) and communicate the decision within three months to petitioners who if feel aggrieved, will be free to avail of remedy under law.