Rajasthan High Court - Jodhpur
State & Ors vs Satya Prakash Sharma & Anr on 27 October, 2017
Bench: Govind Mathur, Vinit Kumar Mathur
HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
JODHPUR
D.B. Spl. Appl. Writ No. 484 / 2016
1. State of Rajasthan through the Secretary, Finance Department,
Rajasthan, Jaipur.
2. Deputy Secretary, Finance Department, Expenditure-3 Division,
Government of Rajasthan, Jaipur.
3. Chief Engineer, Irrigation Department, Jaipur.
4. Additional Chief Engineer, Irrigation Zone, Udaipur.
----Appellant
Versus
1. Satya Prakash Sharma S/o. Shri Murlidhar Sharma, resident of
Beerghoi, Tehsil Bumetdi, Bhilwara.
2. Ramesh Chand Pandey S/o. Shri Ghanshyam Pandey, resident
of Behind Bhadada Bagh, Near Shanker Biscuit Factory, Bhopal
Gauj, Bhilwara (Raj.)
----Respondents
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For Appellant(s) : Mr. Rishabh Tayal, Assisting Counsel to AAG
For Respondent(s) :
_____________________________________________________
HON'BLE MR. JUSTICE GOVIND MATHUR
HON'BLE MR. JUSTICE VINIT KUMAR MATHUR Order 27/10/2017 In view of the fact that type-copies of Annex.1, 2, 3, 5 & 6 are available on record, the defect no.2 is over-ruled.
(2 of 2) [SAW-484/2016] We have looked into merits of the case. By the order impugned, the learned Single Bench accepted the petition for writ in light of judgment dated 24.3.2015 rendered in S.B. Civil Writ Petition No.3216/2007 (Leeladhar Joshi Vs. State & Ors.). A copy of the judgment given in the case of Leeladhar Joshi (supra) is also available on record. The judgment aforesaid has already been affirmed by Division Bench of this Court in D.B. Civil Special Appeal (W) No.997/2015 (State of Rajasthan & Ors. Vs. Prabhash Choudhary, decided on 09.9.2016). In the case aforesaid, a Division Bench of this Court while relying upon the judgment of Hon`ble Supreme Court in State of Punjab & Others Vs. Rafiq Masih (White Washers) & Others, reported in (2015) 4 SCC 334 refused to interfere with the order passed by Single Bench.
The instant appeal too is dismissed in light of the judgment given by Division Bench of this court in the case of State of Rajasthan & Ors. Vs. Prabhash Choudhary (supra). (VINIT KUMAR MATHUR) J. (GOVIND MATHUR) J. Sanjay