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MAHENDAR KUMAR GOYAL
Billu S/o Shri Yadram – Appellant
Versus
State of Rajasthan – Respondent
ORDER :
1. Learned counsels for the respective parties submit that the issue involved herein is no more res integra and stands resolved by a Division Bench order of this Court dated 05.04.2024 passed in the case of State of Rajasthan and Others Vs. Vinod Kumar Meena and Another, D.B. Special Appeal Writ No. 61/2024 and other connected matters and pray for disposal of the instant writ petitions in terms thereof.
2. Ordered accordingly.
3. The compliance in terms thereof be made within a period of three months from the date of communication of this order.
4. Pending applications, if any, also stands disposed of.
The principle of res integra applies when an issue has been conclusively resolved by a higher court, obligating lower courts to follow that precedent.
The court affirmed that similar legal issues have been resolved by prior judgments, ensuring consistency in judicial decisions.
The principle of stare decisis mandates that courts follow established precedents in resolving similar legal issues.
The court ruled that an order concerning res-judicata cannot be challenged after significant delay, emphasizing the principles of estoppel by conduct and the need to maintain judicial efficiency.
Judicial consistency requires dismissal of subsequent writ petitions when controversies are covered by a prior ruling.
A procedural order calling for pleadings from parties does not constitute a judgment under Chapter VIII R.5 and is not appealable.
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