IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 1040 of 1999 RAMESHWAR DASS V/S SMT.DURGA DEVI AND ORS Mr. ANIL KUMAR SINGH, for the appellant / petitioner Mr. SUDHIR SHARMA, Mr.SHYAM LADRECHA, AGA, for the respondent Date of Order : 15.4.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI SANGEET LODHA,J. ORDER ----- Both the learned counsel submit that in identical circumstances, another order passed by learned Single Judge in another writ petition No.2410/99 has been set aside by the Division Bench in Special Appeal No.1041/99, while this appeal arises from writ No.2411. In these circumstances, for the same reasons as recorded in the order of the Division Bench dated 28.3.2008, this appeal is also allowed, and the case is remitted back to learned Single judge for fresh hearing, and decision thereupon after providing full opportunity of hearing to all the parties concerned. ( SANGEET LODHA ),J. ( N P GUPTA ),J. /tarun/