The State Of Rajasthan vs Badri Prasad Lakhara ...
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Rajasthan High Court - Jodhpur

The State Of Rajasthan vs Badri Prasad Lakhara ... on 13 August, 2025

Author: Pushpendra Singh Bhati

Bench: Pushpendra Singh Bhati

[2025:RJ-JD:36172-DB]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                   D.B. Spl. Appl. Writ No. 573/2025

1.       The    State      Of     Rajasthan,         Through        The   Secretary,
         Department Of Rural Development And Panchayati Raj,
         Govt. Of Rajasthan, Jaipur, (Rajasthan).
2.       The Additional Commissioner, Rural Development And
         Panchayati Raj Department, Govt. Of Rajasthan, Jaipur.
3.       The Chief Executive Officer, Zila Parishad, Nagaur.
                                                                      ----Appellants
                                       Versus
1.       Badri Prasad Lakhara S/o Shri Jagdish Prasad Lakhara,
         Aged About 36 Years, R/o 261, Lakharo Ka Bas, Khinwsar,
         Tehsil Khinwsar, District Nagaur (Raj.).
2.       Shahbaz Khan S/o Abdul Rauf Khan, Aged About 41
         Years, R/o Near Old Post Office, Ward No. 5, Parbatsar,
         Tehsil Parbatsar, District Nagaur (Raj.).
                                                                    ----Respondents


For Appellant(s)             :     Mr. Indra Raj Choudhary, AAG with
                                   Mr. Kuldeep Singh Solanki
For Respondent(s)            :     Mr. Khet Singh Rajpurohit
                                   Mr. Veeram Singh



     HON'BLE DR. JUSTICE PUSHPENDRA SINGH BHATI

HON'BLE MR. JUSTICE BIPIN GUPTA

Order

13/08/2025

1. Learned Additional Advocate General fairly submits that the

impugned order dated 29.11.2022 was passed in two writ

petitions namely S.B. Civil Writ Petition No.17276/2022 (Badri

Prasad Lakhara & Anr. Vs. State of Rajasthan & Ors.) and S.B.

Civil Writ Petition No.17316/2022 (Chander Shekhar Vs. The State

of Rajasthan & Ors.). He submits that the impugned order has

already been upheld by a Coordinate Bench of this Court vide

[2025:RJ-JD:36172-DB] (2 of 2) [SAW-573/2025]

judgment dated 03.07.2025 passed in D.B. Spl. Appl. Writ

No.538/2025 (The State of Rajasthan & Ors. Vs. Chander

Shekhar). In light of the same judgment having been adjudicated,

learned AAG further submits that there could be some

distinguishing point in the present case.

2. This Court is of the firm opinion that once a common

judgment is passed in two cases and another Division Bench has

adjudicated upon the challenge to the said common judgment in

one matter and dismissed the appeal preferred by the State, then

it would be in the interest of judicial discipline and judicial

propriety of this Court not to make any consideration on the said

common judgment, on merits in another case. Hence, on the

same grounds as already rendered by the Coordinate Bench in

Chander Shekhar (supra), the present appeal is also dismissed.

3. Since the delay is similar, the point regarding delay is also

dismissed on the same terms as in the Chander Shekhar (supra).

(BIPIN GUPTA),J (DR.PUSHPENDRA SINGH BHATI),J 13-nirmala/-

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