(1.) LEARNED counsel Shri Udawat for the respondents rai-sed preliminary objection regarding maintainability of this writ petition on the ground of delay and laches and submitted that solely on this ground this petition was required to be dismissed in view of the direct Judgment of this Court (Hon'ble Dr. B. S. Chauhan, J.) M/s. Bhanwar Lal Radha Kishan vs. State of Rajasthan and others (1 ). The copy of the same is produced on record.
(2.) HOWEVER, learned counsel Shri Sharma for the petitioner tried to distinguish that judgment by submitting that in special appeal the Division Bench of this Court has allowed the appeal filed by Anil Kumar (2)This very judgment was also referred to by my learned brother Dr. B. S. Chauhan J. while dismissing the writ petition No. 1679/98 only on the ground of delay and laches.