STATE OF RAJASTHAN Vs. ANWER HUSSAIN DYER

JUDGEMENT

(1.) Learned counsel for the petitioners submits that the order dated 29.11.2017 passed by this Court in S.B. Civil Writ Petition No.11345/2017 (Anwer Hussain Dyer and Anr. vs. State of Rajasthan and Ors.) is required to be recalled in light of the fact that the averment made by the Government Advocate and recorded in para no.2 is an incorrect statement. Simultaneously, the order dated 25.5.2018 passed by this Court in S.B. Civil Writ Petition No.8506/2017 (Shiv Prakash Tailor and Ors. vs. State of Rajasthan and Ors.) on the basis of the aforesaid order dated 29.11.2017 is also required to be recalled.

(2.) After perusing the record of the case and finding that mistakenly the Government Advocate has made a wrong submission, the orders dated 29.11.2017 and 25.5.2018 are recalled.

(3.) Learned counsel for the parties are however in agreement that the issue involved in both the writ petitions is squarely covered by the order passed by this Court in S.B. Civil Writ Petition No.4637/2019 (Anoop Kakra vs. State and Anr.) decided on 12.4.2019, which reads as follows :-