MADAN MOHAN SHARMA Vs. STATE AND ORS.

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