Rajasthan High Court - Jodhpur
The State Of Rajasthan vs Mana Ram Dewasi on 4 February, 2021
Bench: Indrajit Mahanty, Dinesh Mehta
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Writ Misc Application No. 76/2020
IN
DB Civil Special Appeal No.721/2019
1. The State Of Rajasthan, Through The Secretary,
Department Of Home, Government Secretariat, Jaipur,
Rajasthan.
2. The Director General Of Police, Jaipur.
3. Superintendent Of Police - Cum - Member Secretary Of
Selection Board For Constable Recruitment, District
Sirohi.
4. Police Commissioner - Cum - Chairman Selection For
Constable Recruitment, Jodhpur.
----Petitioners
Versus
Mana Ram Dewasi S/o Mr. Sopa Ram, Aged About 22 Years,
Resident Of Village Kudal Bhagli, Post - Makroda, Tehsil And
District - Sirohi.
----Respondent
For Petitioner(s) : Mr. Shreyansh Mardia
HON'BLE THE CHIEF JUSTICE MR. INDRAJIT MAHANTY
HON'BLE MR. JUSTICE DINESH MEHTA
Order
04/02/2021
1. This misc. application has been filed by the applicant -
respondent, seeking recall of order dated 13.08.2019, wherein
this Court placed reliance on earlier judgment dated 09.07.2019 of
Division Bench in the case of State of Rajasthan & Ors. Vs.
Maldev Dewasi [Special Appeal (Writ) No.537/2019] and
allowed the appeal in terms of said judgment.
(2 of 3) [WMAP-76/2020]
2. Learned counsel for the applicant - respondent (writ
petitioner) has filed the present application inter alia asserting
that the Division Bench judgment relied upon by this Court in its
order dated 13.08.2019 has been set aside by Hon'ble the
Supreme Court on 24.01.2020.
3. Consequently, the applicant - respondent is making a prayer
that in view of the later judgment of Hon'ble the Supreme Court,
the order dated 13.08.2019 ought to be recalled.
4. We regret to note that present application filed in a case,
which was disposed of vide order dated 13.08.2019, is
misconceived in law, as on the date of passing of said order, the
Division Bench judgment, which was relied upon by this Court was
alive and was good law.
5. If the applicant was in any manner aggrieved by the order
passed by this Court, he was free to question and challenge the
same before the appropriate Court.
6. The Division Bench judgment dated 09.07.2019 relied upon
by this Court, while deciding the matter on 13.08.2019, came to
be reversed by the Supreme Court on 24.01.2020. As on the date
of passing of the impugned order i.e. 13.08.2019; the Hon'ble
Supreme Court has not passed any order reversing the findings
given earlier.
7. After disposing of the appeal, this Court has become functus
officio and consequently, we are of the considered view that the
applicant had a remedy before the Supreme Court, if so advised,
but the present application filed by him subsequent to the disposal
of the case is not maintainable.
(3 of 3) [WMAP-76/2020]
8. The misc. application is, therefore, dismissed.
(DINESH MEHTA),J (INDRAJIT MAHANTY),CJ
128-A.Arora/-
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