- (1.) COUNSEL for the review petitioner submits that the order dated 6th January, 2012 was passed on consent of the counsel for the Rajasthan State Agriculture Marketing Board, Jaipur (hereinafter 'the Baord'). It is submitted that against the order dated 20th September, 2011 passed by Division Bench in the case of Ramdev Singh versus Rajasthan State Agriculture Marketing Board & Anr. [D.B. Civil Special Appeal (Writ) No. 1009/2011] based whereon the consent order dated 6th January, 2012 has been passed by this Court, the Board has approached the Hon'ble Supreme Court by way of SLP (Civil) No. 5813/2012. The Hon'ble Supreme Court even while not exercising its jurisdiction under Article 136 of the Constitution of India had specifically observed that the question of law sought to be raised in the SLP in the matter of Ramdev Singh would be kept open. It is submitted that subsequently, in the case of Agricultural Marketing Board, Jaipur & Anr. versus Gopal Krishan Purohit - SLP (Civil) No. 16291/2007 involving the validity of Rule 10(2) of the Rajasthan Agriculture Marketing Pension Rules, 1995 ('the Rules of 1995' for brevity), the Hon'ble Supreme Court had been pleased to stay the order of the Division Bench of this Court which struck down the said rules. Counsel submits that in view of the obtaining facts, the validity of Rules 10(2) of the Rules of 1995 is still res integra before the Hon'ble Supreme Court. He submits that the order dated 6th January, 2012 sought to be reviewed is fundamentally based on holding Rule 10(2) of the Rules of 1995 to be invalid. It is therefore, submitted that the order dated 6th January, 2012 may be reviewed as there is sufficient reason therefore obtaining in the facts of the case.
(2.) MR . Sandeep Saxena counsel appearing on behalf of the respondent has submitted that the Rajasthan State Agriculture Marketing Board has complied with the order dated 20th September, 2011 passed by the Division Bench in the case of Ramdev Singh versus Rajasthan State Agriculture Marketing Board and Anr. D.B. Civil Special Appeal (Writ) No. 1009/2011. He submits that the order dated 6th January, 2012 having been passed on the basis of the judgment of this Court in the case of Ramdev Singh (supra), there is no occasion for review of the aforesaid order. Having heard the learned counsel for the petitioner as also the respondent, I am of the view that the consent of the counsel for the Rajasthan State Agricultural Marketing Board given before this Court on 6th January, 2012 was in a situation which has since been altered. In view of this fact a challenge to the order dated 6th January, 2012 by way of D.B. Civil Special Appeal (Writ) No. 320/2012 before this Court entailed the appeal being withdrawn with liberty to file a review application. In my considered opinion, in the facts obtaining, it will be proper to recall the order dated 6th January, 2012 passed by this Court in view of the submission made by the learned counsel for the petitioner and facts on record.
(3.) CONSEQUENTLY , review petition is allowed and the order dated 6th January, 2012 is recalled. The writ petition is restored to its original number. Put up the writ petition for hearing on 22nd November, 2012, as prayed.;