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Judgment
This misc. application has been filed by the applicants for revival of D.B. Spl. Appeal Writ No.814/2019, which was disposed of by this Court vide
order dated 18.09.2019 in light of decision of this Court in DBSAW No.537/2019; The State of Rajasthan & Ors. Vs. Maldev Dewasi & Ors.,.
However, on an application being filed on behalf of respondents, this Court passed an order in the following terms :-
“Accordingly, the application is allowed. It is made clear that if the judgment passed in Maldev Dewasi’s case is reversed by the Supreme
Court, the applicant shall be at liberty to make application before this Court for revival of the special appeal disposed of vide order dated 18.09.2019.â€
Learned counsel appearing for the applicants submits that the Bench decision of this Court in Maldev Dewasi (supra) stands reversed by
Hon’ble Supreme Court vide order dated 24.01.2020 passed in Special Leave to Appeal (C) No(s).25492-25495/2019 (Rajesh Kumar Etc. Vs.
State of Rajasthan & Ors.), and therefore, the appeal disposed of by this Court vide order dated 18.09.2019 deserves to be revived.
This position is not disputed by learned Additional Advocate General.
Accordingly, the application is allowed. DBSAW No.814/2019 disposed of by this Court vide order dated 18.09.2019 is restored.
Let the appeal be listed for admission on 27.02.2020.