(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) on 13/12/07 Per Hon. Mr. Rajesh Balia,J 2008 2 WLC 406 clarifying the position ad infra: