Honble SHETHNA, J.–The petitioner -State of Rajasthan has challenged in this petition the impugned judgment and order dated 5.10.96 (Annex.2) passed by the Board of Revenue dismissing its revision only on the ground of delay in filing the same late without going into the merits of the case.

(2). Learned counsel Mr. Maheshwari appearing for the private respondents submitted that this Court dismissed identical writ petition no.318/98 on 3.2.99 and relying upon the same judgment, identical group of petitions no. 730/98 and allied matters were also dismissed by this Court on 15.2.99. He submitted that this is also an identical matter, therefore, this petition be straightway dismissed in terms of the aforesaid judgment.

(3). However, Mr. R.K. Soni, Addl. Govt. Advocate appearing for the petitioner -State of Rajasthan submits that in the aforesaid two judgments, two judgments of Honble Supreme Court and one judgment of Single Bench of this Court were not considered. He submitted that if they were considered then this Court would not have taken that view. In support of his submission, he has relied upon two Supreme Court judgments in the case of State of Haryana vs. Chandra Mani & Ors. (1)

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