Rajasthan High Court - Jodhpur
State Of Raj. & Ors vs Surendra Kumar Saini on 9 October, 2009
Author: N P Gupta
Bench: N P Gupta
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR
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SPL. APPL. WRIT No. 742 of 2009
STATE OF RAJ. & ORS.
V/S
SURENDRA KUMAR SAINI
Mr. KK BISSA AGC, for the appellant / petitioner
Date of Order : 9.10.2009
HON'BLE SHRI N P GUPTA,J.
HON'BLE MRS. MEENA V. GOMBER,J.
ORDER
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Learned counsel submits that the learned Single Judge has decided the matter on the ground that the matter is covered by judgment of this Court in Prashant Vohra Vs. State of Rajasthan, reported in 2005(1) WLC (Raj.) 264, while the controversy involved in the present case is not covered by that judgment. In our view, this fact was required to be brought to the notice of learned Single Judge. Learned counsel for the appellant, in that view of the matter, submits that the petitioner would file review petition before the learned Single Judge. He may do so. It is however, directed that if review petition is filed within three weeks from today, the learned Single Judge will decide the review petition on its own merits and will not dismiss it on the ground of limitation.
The appeal is, accordingly, dismissed as withdrawn with liberty to file review petition.
( MEENA V. GOMBER ),J. ( N P GUPTA ),J. /tarun/