(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: