Rampyari and Anr. Vs State and Ors.

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S. B. CIVIL WRIT PETITION NO.2207/2008 RAMPYARI & ANOTHER V. STATE OF RAJASTHAN & OTHERS

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DATE OF ORDER ::: 04/04/2008

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HON'BLE MR. JUSTICE MUNISHWAR NATH BHANDARI

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Mr. Mukesh Vyas, for Petitioner (s).

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Learned counsel for the petitioner submits that the Government of Rajasthan has issued a circular recently also to which the proceedings as otherwise initiated against the petitioners can be dropped, though the said circular could not be produced before the court below, hence it is necessary for the petitioners to move a fresh application, based on the said circular, before the Court below

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In view of the above, learned counsel for the petitioner submits that without being guided by the order already passed, the competent authority may be directed to consider the application to be filed by the petitioners afresh and if that is so permitted, then petitioners intend to withdraw this writ petition . In view of the submission made by the learned counsel for the petitioner, a liberty is given

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to the petitioners to move a fresh application, if any other circular is issued by the Government beneficial to the petitioner, in that case the court below is expected to consider the said application without being guided by the order under-challenge, because the said order was passed on the material which were submitted at that time.

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With the aforesaid observations and liberty, this writ petition is allowed to be withdrawn and accordingly dismissed. It is expected from the court below that if any beneficial circular has been issued by the Government, favourable to the petitioners, then same would be looked into sympathetically. For a period of fifteen days, respondents are directed not to take action against the petitioner if not already taken.

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(M. N. BHANDARI), J.

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scd

Rampyari and Anr. v. State and Ors.

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Rampyari and Anr. v. State and Ors.

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