Rajasthan High Court - Jodhpur
State Of Rajasthan vs Mahesh Kumar Sad ... on 5 August, 2025
Author: Pushpendra Singh Bhati
Bench: Pushpendra Singh Bhati
[2025:RJ-JD:34598-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 744/2025
1. State Of Rajasthan, Through The Principal Secretary,
Department Of Rural Development And Panchayati Raj
(Panchayati Raj). Government Of Rajasthan, Jaipur,
Rajasthan.
2. Additional Commissioner, Rural Development And
Panchayati Raj Department, Government Of Rajasthan,
Jaipur.
3. Chief Executive Officer, Zila Parishad Dungarpur,
Rajasthan.
----Appellants
Versus
Mahesh Kumar Sad S/o Shri Heera Lal Sad, Aged About 45
Years, Village And Post Kanba, District Dungarpur (Raj.).
----Respondent
For Appellant(s) : Mr. I.R. Choudhary, AAG.
For Respondent(s) : Mr. Pawan Singh Rathore.
HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI
HON'BLE MR. JUSTICE SANDEEP TANEJA
Order
05/08/2025
1. Mr. I.R. Choudhary, learned Additional Advocate General
representing the appellants-State fairly submits that the
controversy involved in the present special appeal writ is no more
res-integra and it is covered by the decision rendered by a
coordinate Bench of this Hon'ble Court in State of Rajasthan v.
Ramdev Mali ; D.B. Special Appeal Writ No.182/2025 on
08.05.2025, which reads as under:
"9. On this issue, we observe that the learned Single
Judge while deciding the writ petition in the present case
bestowed due consideration to the decision in "Giresh Dindor"
[2025:RJ-JD:34598-DB] (2 of 2) [SAW-744/2025]
(supra) and observed that the decision in the case of "Sumer
Singh" (supra) was not brought to the notice of the writ Court
when S.B. Civil Writ Petition No.12914 of 2021 came to be
dismissed. We shall also indicate that the Special Appeal
preferred by "Giresh Dindor" was dismissed without hearing him
as no one appeared on his behalf even in the second round when
the said Special Appeal was called out for hearing.
10. In the order dated 17th October 2022, the writ Court has
referred to the decision rendered by the Division Bench in D.B.
Civil Writ Petition No.6005 of 2013 with connected matters titled
"Sumer Singh & Ors. v. State of Rajasthan & Ors.". We see that
this is not in dispute that the decision in the case of "Sumer
Singh" (supra) attained finality after the Special Leave Petition
filed by the State of Rajasthan vide Special Leave Petition (Civil)
Diary No.14536 of 2021 was dismissed by the Hon'ble Supreme
Court. This is also recorded in the order dated 17th October
2022, a copy of which is tendered by the learned counsel of the
respondent, that the Department took a decision in its meeting
held on 6th July 2022 as reflected in the communication dated
15th July 2022 that it shall not seek review of the order passed
by the Hon'ble Supreme Court in the aforementioned Special
Leave Petition.
11. In the aforesaid state of affairs, this Court finds that the
present Special Appeal is prima-facie bereft of merits. We have
taken this decision also for the reason that the writ Court in the
order dated 17th October 2022 held that "Ramdev Mali" has the
same status similar to "Sumer Singh". We would also observe
that judicial discipline and proprietary require that a judgment of
the Co-ordinate Bench is accepted as binding by another Bench
of co-equal strength and only course open to the latter Bench is
to refer the matter to the Chief Justice for consideration of the
matter by a Larger Bench if the latter Bench records its
disagreement with the previous decisions but no such ground
has been pleaded by the appellants in this case nor we see any
reason to disagree with the decision in "Sumer Singh".
12. I.A. No.01/2024 is dismissed.
13. D.B. Special Appeal Writ No.182 of 2025 is, therefore,
dismissed."
2. Accordingly, this special appeal writ is also dismissed in light
of the decision rendered in Ramdev Mali's case (supra) on the
same terms. All pending applications, if any, stand disposed of.
(SANDEEP TANEJA),J (DR. PUSHPENDRA SINGH BHATI),J
26-Zeeshan
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