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D.B. CIVIL SPECIAL APPEAL (W) NO.5/2010
State of Rajasthan & Ors.
Vs.
Praveen Sonal
Date of Order :: 03-02-2010
HON’BLE THE CHIEF JUSTICE MR. JAGDISH BHALLA
HON’BLE MR. JUSTICE DINESH MAHESHWARI
Mr. K.K. Bissa, for the appellant-State.
It has been argued on behalf of the State that the learned Single
Judge has erred in relying upon a judgment because the facts were not the
same; and the ratio of judgment will apply only when the facts are same.
We are of the considered view that the ratio will apply on similarity of facts.
We have perused the order of the learned Single judge and we find
that the writ petition has been decided on the basis of ratio laid down by
the Division Bench of this Court. We do not find any illegality in the order of
the learned Single Judge so as to show interference by this Court in appeal.
No other point has been argued by Shri K.K. Bissa, counsel for the
State.
Accordingly, the appeal fails and is dismissed.
[DINESH MAHESHWARI],J. [JAGDISH BHALLA], CJ.
Praveen