A Division Bench restored a civil special appeal dismissed in default and subsequently dismissed it, relying on a prior Division Bench judgment on the same controversy regarding expert opinions in an agriculture dispute.
D. B. Civil Special Appeal (Writ) No. 508/2020 and the stay application were dismissed.
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HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
D.B. Writ Restoration Application No. 30/2022
IN
D. B. Civil Special Appeal (Writ) No. 508/2020
IN
S. B. Civil Writ Petition No. 19970/2019
----Petitioners
Versus
----Respondents
For Petitioner(s) : Mr. Rakesh Kumar Saini, Adv.
HON'BLE MR. JUSTICE PRAKASH GUPTA HON'BLE MR. JUSTICE SAMEER JAIN
Order
17/05/2022
(2 of 3)
[WRES-30/2022]
This restoration application has been filed by the applicants for restoration of D. B. Civil Special Appeal (Writ) No. 508/2020, which was dismissed in default vide order dated 18.02.2022 passed by the Coordinate Bench of this Court.
The restoration application is allowed for the reasons mentioned therein and D. B. Civil Special Appeal (Writ) No. 508/2020 is restored to its original number.
Learned counsel for the appellants prays that the matter may be decided finally at this stage. He further submits that similar controversy has already been decided by the Division Bench of this Court vide order dated 17.09.2020 passed in the case of Ram Kishore Jat & Ors. Vs. State of Rajasthan & Ors.: D.B.SAW No. 553/2020. Hence the present appeal may also be decided in the same terms.
Heard and considered.
In the case of Ram Kishore Jat & Ors. (supra), the Division Bench of this Court while dismissing the appeal held as under:-
"The learned Single Judge after taking into consideration each and every aspect of the matter rightly observed that the experts had applied their mind thoroughly to the objections and reached to their conclusions. The experts opinion was found to be based on application of mind and relevant academic material available with them.
The findings given by the learned Single Judge in his judgment dated 02.06.2020 are just and proper, with which we fully concur."
Taking into consideration the facts and circumstances and more particularly in view of that fact that same controversy has already been decided by the Division Bench of this Court vide judgment dated 17.09.2020, in the case of Ram Kishore Jat & Ors.
(3 of 3)
[WRES-30/2022]
(supra) we are not inclined to entertain this appeal and the same stands dismissed.
The observations made by Division Bench of this court in the case of Ram Kishore Jat & Ors. (supra) shall apply mutatis mutandis to the facts of the instant case.
Consequent upon the dismissal of the appeal, stay application also stands dismissed.
(SAMEER JAIN),J
(PRAKASH GUPTA),J
DK/Pooja /42
Colour shows how this judgement treated each authority
Ram Kishore Jat & Ors. Vs. State of Rajasthan & Ors.Relied on¶30
Ram Kishore Jat & Ors. Vs. State of Rajasthan & Ors.: D.B.SAW No. 553/2020
Mukesh Verma
Chhagan Lal Choudhary
The State Of Rajasthan
Prakash Gupta
Sameer Jain
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
