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2019 DIGILAW 689 (RAJ)

State of Rajasthan v. Ram Kishore

2019-02-28

PRADEEP NANDRAJOG, PUSHPENDRA SINGH BHATI

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JUDGMENT Civil Misc. Application No. 01/2018:- 1. For the reasons stated in the application delay in filing the appeal is condoned. The application is allowed. Special Appeal (Writ) No. 166/2019:- 1. In the impugned order dated 08.12.2017 which has been held by the learned Single Judge that the issue raised in the writ petition is covered against the State of Rajasthan by a decision dated 23.05.2014 in S.B. Civil Writ Petition No. 10883/2013 State of Rajasthan v. Ram Prasad & Anr. which judgment was upheld by the Division Bench in D.B. Special Appeal (Writ) No. 1587/2014 State of Rajasthan v. Ram Prasad & Anr. decided on 01.06.2016. 2. Against the Division Bench judgment SLP(C) No. 36060/2017 State of Rajasthan v. Ram Prasadwas dismissed by the Supreme Court on 24.09.2018. The order passed by the Supreme Court records that neither there was sufficient cause to condone 436 days delay in filing the Special Leave Petition and even otherwise on merits the Supreme Court found no reason to entertain the Special Leave Petition. 3. Learned counsel for the appellants does not dispute that as regards the issues which arose in the four writ petitions have been dismissed vide impugned order the same were covered by the decision of this Court in Ram Prasads case. 4. Impugned order dated 08.12.2017 has followed the law declared in Ram Prasads case. 5. Matter having attained finality till the Supreme Court, the appeal is dismissed.