Be that as it may, after hearing the learned
counsel for the parties, we consider it appropriate to
dispose of the present writ petitions in the same lines
as in Mitendra Singh Rathore & Ors. vs. State of
Rajasthan & Ors. (supra), however, making the
present order subject to the final decision to be
rendered by the Hon'ble Apex Court in Petition(s) for
Special Leave to Appeal (Civil) No(s).32671/2013.
In view of joint agreement of the parties, the
writ petition is disposed of, on the basis of Mitendra
Singh Rathore & Ors. versus State of Raj. & Ors. (supra)
case. Now, the case of the petitioners will be considered
in the light of above referred judgment.
So far as, the judgments in the case of Mahendra Singh
Rathore (supra) is concerned, the same is based on judgment in
Khama Ram Vishnoi, which judgment in the case of Khama Ram
Vishnoi (supra), in light of law laid down by the Hon'ble Supreme
Court in the case of Love Kush Meena (supra), Methu Meda
(supra), Raj Kumar (supra), has lost its efficacy and therefore, the
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(9 of 9) [CW-14240/2021]
judgment in the case of Mahendra Singh Rathore (supra) would
not come to the aid of the petitioners.
So far as, the judgments in the case of Mahendra Singh
Rathore (supra) is concerned, the same is based on judgment in
Khama Ram Vishnoi, which judgment in the case of Khama Ram
Vishnoi (supra), in light of law laid down by the Hon'ble Supreme
Court in the case of Love Kush Meena (supra), Methu Meda
(supra), Raj Kumar (supra), has lost its efficacy and therefore, the
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(9 of 9) [CW-14240/2021]
judgment in the case of Mahendra Singh Rathore (supra) would
not come to the aid of the petitioners.
SHAKTI SINGH
1 SBCWP No. 5657/2008 Vs. STATE & ORS
YADAV
2 SBCWP No. 5658/2008 RAMESHWAR LAL Vs. STATE & ORS3 SBCWP No. 5768/2008 BABU SINGH Vs. STATE & ORS
KAMAL SINGH
4 SBCWP No. 6027/2008 Vs. STATE & ORS
GURANG
5 SBCWP No06246/2008 BAL KISHANA VYAS Vs. STATE & ORS
6 SBCWP No. 6531/2008 MEGHA RAM Vs. STATE & ORS
7 SBCWP No. 6605/2008 MAHENDRA SINGH Vs. STATE & ORS
8 SBCWP No. 6673/2008 HANUMAN DAS Vs. STATE & ORS
9 SBCWP No. 6687/2008 MOHABBAT SINGH Vs. STATE & ORS
10 SBCWP No. 6748/2008 SHAKTIDHAR Vs. STATE & ORS
11 SBCWP No. 6750/2008 RANJEET SINGH Vs. STATE & ORS
12 SBCWP No. 6751/2008 DHARMARAM Vs. STATE & ORS
13 SBCWP No. 6767/2008 SURENDRA BISHNOI Vs. STATE & ORS
KALLA CHANDRA
14 SBCWP No. 6796/2008 Vs. STATE & ORS
KANT
15 SBCWP No. 6800/2008 PAWAN KUMAR Vs. STATE & ORS
16 SBCWP No. 6801/2008 JALAM SINGH Vs. STATE & ORS
17 SBCWP No. 6802/2008 SAROJ SARAN Vs. STATE & ORS
SMT. SHARMISTHA
18 SBCWP No. 6807/2008 Vs. STATE & ORS
BHATT
19 SBCWP No. 6829/2008 SMT. SUDHA JOSHI Vs. STATE & ORS
PANNA LAL
20 SBCWP No. 6857/2008 Vs. STATE & ORS
KUMAWAT
2
21 SBCWP No. 6860/2008 SUNITA GURJAR Vs. STATE & ORS
RAMESH KUMAR
22 SBCWP No. 6863/2008 Vs. STATE & ORS
KATARIYA
23 SBCWP No. 6865/2008 BANWARILAL Vs. STATE & ORS
24 SBCWP No. 7004/2008 SHREE KISHAN BANA Vs. STATE & ORS
25 SBCWP No. 7107/2008 RAJESH KUMAR Vs. STATE & ORS
26 SBCWP No. 7520/2008 SHIV DUTT KAVIA Vs. STATE & ORS
ONKAR SINGH
27 SBCWP No. 8090/2008 Vs. STATE & ORS
SHAKTAWAT
GHANSHYAM
28 SBCWP No. 8091/2008 Vs. STATE & ORS
SHARMA
29 SBCWP No. 8092/2008 BHAWANA SHARMA Vs. STATE & ORS
DHIRENDRA SINGH &
30 SBCWP No. 8121/2008 Vs. STATE & ORS
ORS
LAL SINGH
31 SBCWP No. 8157/2008 Vs. STATE & ORS
SHAKTAWAT
BAHADUR SINGH
32 SBCWP No. 8167/2008 Vs. STATE & ORS
RAO
VINOD KUMAR
33 SBCWP No. 8168/2008 Vs. STATE & ORS
SUTHAR
ANITA KANWAR &
34 SBCWP No. 8259/2008 Vs. STATE & ORS
ORS
SHAMBHU DAN
35 SBCWP No. 8268/2008 Vs. STATE & ORS
CHARAN & ORS
36 SBCWP No. 8410/2008 PRADEEP KUMAR Vs. STATE & ORS
BHANWAR LAL
37 SBCWP No. 8573/2008 Vs. STATE & ORS
BISHNOI & ANR
38 SBCWP No. 8593/2008 SUMAN RANI Vs. STATE & ORS
UPENDRA KUMAR
39 SBCWP No. 8600/2008 Vs. STATE & ORS
CHOBISA
40 SBCWP No. 9106/2008 RAMAVTAR SINGH Vs. STATE & ORS41 SBCWP No. 9217/2008 OMA RAM Vs. STATE & ORS
42 SBCWP No. 9774/2008 CHETNA SHARMA Vs. STATE & ORS
43 SBCWP No. 9797/2008 SMT. MANJU VERMA Vs. STATE & ORS 3
SMT. BHARTI
44 SBCWP No10009/2008 Vs. STATE & ORS
TALWADIYA & ANR.
On the other hand, in respect of those who filed objections
they might have locus standi to contend that S.5A inquiry was not conducted
properly, we , therefore, agree in principle with the view of the three Judge
Bench in Abhey Ram's case (1997 AIR SCW 2513: AIR 1997 SC 2564) that
those who have not filed objections under S.5A, could not be allowed to
contend that the S.5A inquiry was bad and that consequently S.6 declaration
must be struck down and that then the S.4 notification would lapse. If,
therefore, no objections were filed by the respondents, logically the S.616
declaration must be deemed to be in force so far as they are
concerned."(empasis added)