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IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR
SAMEER JAIN, J.
Om Shree Hans Enterprises – Appellant
Versus
State of Rajasthan – Respondent
S.B. Civil Writ Petition No. 7920 of 2026
Decided On : 01-05-2026
| Table of Content |
|---|
| 1. consensus on applicability of established legal precedents. (Para 1 , 2) |
| 2. application of settled precedents to current facts. (Para 3) |
| 3. procedural disposal of pending miscellaneous applications. (Para 4) |
JUDGMENT :
SAMEER JAIN, J.
1. Learned counsel for the petitioners has submitted that the instant lis is no more res integra, and is already addressed by the ratio encapsulated in S.B. Civil Writ Petition No. 6034/2026 titled Dayanand Bharia and Ors. Vs. State of Rajasthan and Ors. decided vide judgment dated 02.04.2026.
2. Learned counsel for the respondent-State Mr. Sachin Singh Rathore appearing on behalf of learned AAG Mr. S.S. Naruka has not disputed the said fact.
3. Accordingly, the present writ petition is disposed of in light of the ratio of Dayanand Bharia (supra) and Lakhpat & Ors. Vs. State of Rajasthan, S.B. CWP No. 5692/2026, which shall be squarely applicable to the instant petition. The petitioners are directed to mark their attendance on 11.05.2026 at or around 11:00 AM before the competent/appropriate authority. It is directed that the said authority shall pass a speaking order, strictly in accordance with law, within an upper limit of 15 days from the date of petitioners being present.
4. Pending applications, if any, shall stand disposed of.
When a legal issue is already settled by previous judicial precedents, the court may dispose of the petition by directing the competent authority to decide the matter in accordance with the establish....
When a legal issue is already settled by previous judicial precedents, the court may dispose of a pending petition by directing the competent authority to pass a speaking order in accordance with the....
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 principle of stare decisis mandates that courts follow established precedents in resolving similar legal issues.
The court affirmed that similar legal issues have been resolved by prior judgments, ensuring consistency in judicial decisions.
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