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2024 Supreme(Raj) 968

IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
MAHENDAR KUMAR GOYAL, J.
Billu S/o Shri Yadram – Petitioner
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition Nos. 2114, 7854, 7863, 7864, 13376, 13398, 13923, 15765, 15767, 15768, 15770, 15853, 15854, 15857, 15875, 16000, 16046, 16057, 16063, 16072, 16326, 16327, 16333, 16367, 16605, 16609 of 2023, S.B. Civil Writ Petition Nos. 9947, 9950, 9957, 9958, 10011, 10082, 10090, 10101, 10102, 10103, 10199, 10272, 10682, 18121 of 2022
Decided On : 23-09-2024

Advocates:
Advocate Appeared:
For the Petitioners: Komal Kumari Giri, Bajrang Sepat, Satyapal Poshwal.
For the Respondents: Bhuwnesh Sharma, Parth Sharma, Vinod Kumar Gupta, Karishma Soni, Ramavtar Gupta.

IMPORTANT POINT
The principle of res integra applies when an issue has been conclusively resolved by a higher court, obligating lower courts to follow that precedent.

Headnote:

RES INTEGRA - Writ Petitions - The court acknowledged that the issue at hand has already been resolved by a previous Division Bench order, thereby directing the disposal of the current writ petitions in accordance with that precedent. The court emphasized the importance of compliance within a specified timeframe.

Fact of the Case:

The parties involved submitted that the issue in the current writ petitions is no longer a matter of contention as it has been previously addressed by a Division Bench order.

Finding of the Court:

The court found that the matter was resolved by a prior ruling and ordered the current writ petitions to be disposed of in line with that decision, mandating compliance within three months.

Issues: Whether the current writ petitions should be resolved based on the precedent set by the Division Bench order.

Ratio Decidendi: The court relied on the principle of res integra, confirming that the issue had been conclusively settled in a prior case, thus necessitating a similar resolution in the present case.

Result: The court ordered the disposal of the writ petitions in accordance with the previous Division Bench ruling and set a compliance deadline.

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.

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