The High Court dismissed the special appeal as a bar had fallen under a coordinate bench's judgment in State of Rajasthan v. Priti Sharma dated 09.08.2019 regarding the subject matter.
Special Appeal dismissed; parties in connected proceedings to await Supreme Court's final outcome on stay operative judgment.
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HIGH COURT of JUDICATURE FOR RAJASTHAN
AT JODHPUR
D.B. Spl. Appl. Writ No. 1295/2019
----Appellants
Versus
Rambabu Soni S/o Shri Ridhakaran Soni, aged 40 Years, R/o Ward No. 11, Thane Ke Pass, Ramgarh Tehsil Datargarh, District Sikar (Raj.).
----Respondent
For Appellant(s) : Mr. Sandeep Shah, AAG. For Respondent(s) : Mr. D.L.R. Vyas.
HON'BLE MR. JUSTICE SANGEET LODHA HON'BLE MR. JUSTICE ARUN BHANSALI
Order
15/11/2019
Defects pointed out by the Registry are waived.
Learned Additional Advocate General submits that a special appeal involving identical question has already been dismissed by a Coordinate Bench of this Court in D.B. Special Appeal Writ No. 645/2019 (State of Rajasthan & Ors. Vs. Priti Sharma) and other connected appeals vide Judgment dated
(2 of 2)
[SAW-1295/2019]
09.08.2019 with certain observations and directions. The
operative portion of the judgment reads as under :-
“3. The State submits that the decision in M/s. Karni Mines & Minerals (supra) is the subject matter in Special Leave Petition (Civil) Diary No.33307/2018. By order dated 01.10.2018, the Supreme Court issued notices and during pendency of the proceedings, stayed operation of the judgment in M/s. Karni Mines & Minerals (supra). Apparently, other Special Leave Petitions challenging the decision in M/s. Krishna Marble (supra) and connected matters, which followed those decisions have also been challenged before the Supreme Court.
4. This Court following the decision in M/s. Karni Mines & Minerals (supra) and M/s. Krishna Marble (supra) both of the Division Bench, is of the opinion that a different view need not be taken; the State appeals are, therefore, rejected.
5. At the same time, however, this Court is of the opinion that parties in all the proceedings and appeals shall be bound by the final decision of the Supreme Court. Since there is a stay of the judgment of this Court, wherever contempt proceedings have been initiated, the respondents shall not proceed with them; in case the contempt proceedings are not initiated, the respondents shall not take out such proceedings and shall await final out-come of the matter pending before the Supreme Court.
6. The appeals are dismissed but subject to the above observations, and directions.”
Accordingly, this appeal is also dismissed in light of the Judgment dated 09.08.2019 passed by the Coordinate Bench of this Court in Priti Sharma’s case (supra) .
(ARUN BHANSALI),J
(SANGEET LODHA),J
5-DJ/-
Colour shows how this judgement treated each authority
State of Rajasthan & Ors. Vs. Priti SharmaFollowed¶26
D.B. Special Appeal Writ No. 645/2019 (State of Rajasthan & Ors. Vs. Priti Sharma)
M/s. Karni Mines & MineralsReferred
M/s. Karni Mines & Minerals (supra)
M/s. Krishna MarbleReferred
M/s. Krishna Marble (supra)
State of Rajasthan Through Principal Secretary, Mines Department, Government of Rajasthan
Rambabu Soni
SANGEET LODHA
ARUN BHANSALI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
