State Of Rajasthan vs Bhinwa Ram ...
2023 Latest Caselaw 8315 Raj

[2023:RJ-JD:34262-DB]

HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR D.B. Special Appeal Writ No. 1338/2019

1. The State of Rajasthan, through its Secretary, Department of Home Affairs, Govt. of Rajasthan, Jaipur.

2. The Director General of Police, Police Headquarter, Rajasthan, Jaipur.

3. The Inspector General of Police (Recruitment), Police Headquarter, Jaipur.

4. The Inspector General of Police, District Kota (Raj.).

----Appellants Versus Bhinwa Ram S/o Sh. Jhugga Ram, Aged About 25 Years, R/o Village and Post Tanwara, Tehsil Jayal, District Nagour (Raj.).

----Respondent

For Appellant(s) : Mr. Kailash Choudhary, AAAG for Mr. Manish Vyas, AAG

HON'BLE MR. JUSTICE VIJAY BISHNOI HON'BLE MR. JUSTICE YOGENDRA KUMAR PUROHIT Judgment 10/10/2023

1. As per the office report, the notice issued to the sole

respondent was received with the report that the father of the

respondent refused to accept the notice, therefore, the same was

affixed in the presence of two witnesses.

2. Learned counsel for the appellants has submitted that the

writ petition being S.B. Civil Writ Petition No.18696/2018 (Bhinwa

Ram Vs. State of Rajasthan & Ors.) filed by the respondent was

allowed by the leaned Single Judge of this Court vide impugned

order dated 06.12.2018 in terms of the decision dated 27.11.2018

rendered by the learned Single Judge of this Court in Revant

Ram Meghwal & Ors. Vs. State of Rajasthan & Ors. (S.B.

Civil Writ Petition No.13731/2018) and other connected writ

petitions.

[2023:RJ-JD:34262-DB] (2 of 2) [SAW-1338/2019]

3. Learned counsel for the appellants has further submitted that

the decision dated 27.11.2018 rendered by the learned Single

Judge of this Court in the case of Revant Ram Meghwal (supra)

was reversed by the Division Bench of this Court vide judgment

dated 31.07.2019 passed in State of Rajasthan & Ors. Vs.

Revant Ram Meghwal & Ors. (D.B. Special Appeal Writ

No.124/2019).

4. In view of the fact that the impugned order was passed by

the learned Single Judge of this Court in terms of the decision

dated 27.11.2018 rendered by the learned Single Judge of this

Court in the case of Revant Ram Meghwal (supra) and the same

was reversed by the Division Bench of this Court vide judgment

dated 31.07.2019 passed in State of Rajasthan & Ors. Vs.

Revant Ram Meghwal & Ors. (supra), the present special

appeal writ is allowed in terms of the judgment dated 31.07.2019

passed by the Division Bench of this Court in State of Rajasthan

& Ors. Vs. Revant Ram Meghwal & Ors. (supra).

5. Consequently, the impugned order dated 06.12.2018 passed

by the learned Single Judge of this Court in S.B. Civil Writ Petition

No.18696/2018 (Bhinwa Ram Vs. State of Rajasthan & Ors.) is set

aside.

6. Stay petition is disposed of.

(YOGENDRA KUMAR PUROHIT),J (VIJAY BISHNOI),J

Abhishek Kumar S.No.141

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