- (1.) Learned Government Counsel submitted that the Single Bench has allowed the writ petition filed by the respondents on the basis of judgment delivered by the Single Bench of this Court in the case of Vinod Kumar Vs. State of Rajasthan & Others(S.B. Civil Writ Petition No. 4818/2003), decided on 8 th November, 2004. The order passed by the Single Bench has been affirmed by Division Bench of this court vide judgment dated 9 th September, 2005, delivered in D.B. Civil Special Appeal(Writ) No.DR(J) 991/2005(State of Raj. & Anr. Vs. Vinod Kumar).
(2.) Learned Government Counsel submitted that Special Leave Petition was filed by the D.B. CIVIL SPECIAL APPEAL(WRIT) NO. 310/2007 State against judgment delivered by the Division Bench in Vinod Kumar's case, but State's Special Leave Petition has also been dismissed. In these circumstances, he submitted that in view of judgment delivered by Division Bench of this Court in the case of State of Raj. & Anr. Vs. Vinod Kumar, the present special appeal may be dismissed, being covered by the aforesaid judgment.
(3.) In view of statement of learned Government Counsel, special appeal is dismissed being covered by judgment delivered by Division Bench of this Court in the case of State of Raj. & Anr. Vs. Vinod Kumar with no order as to costs.;