1 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR -------------------------------------------------------- SPL. APPL. WRIT No. 190 of 2005 RAFEEK HUSSAIN V/S STATE & ORS Mr.VIVEK SHRIMALI, for the appellant / petitioner Date of Order : 21.11.2008 HON'BLE SHRI N P GUPTA,J. HON'BLE SHRI KISHAN SWAROOP CHAUDHARI,J. ORDER ----- This appeal has been filed, seeking to challenge the impugned order of the learned Single Judge dt. 25.8.2004 passed in Writ Petition No.439/2001. It appears, that on the very day, same learned Single Judge passed identical order in another Writ Petition No.664/2001, and both the matters were challenged. The order, passed in Writ Petition No.664/2001, had been subject-matter of SAW No.145/2005, while the order passed in Writ Petition No.439/2001 is subject-matter of the present appeal. Both these appeals were filed by the then same learned counsel and on the same day. In appeal No.145/2005, on 26.4.2005, show cause notice for final disposal was ordered to be issued, while in the present appeal, which was lying in defect side, on 17.5.2005, office objection was overruled, and notice for final disposal was ordered to be issued and this appeal was 2 ordered to be connected with the said SAW No.145/2005. It appears, that thereafter in the present appeal, since PF and Notices were not filed, service could not be effected and in the meantime, the appeal No.145/2005 came to be dismissed vide judgment dt. 2.5.2006, and it was held, that the matter is covered by the Division Bench judgment of this Court in State of Rajasthan & Ors. vs. Firdos Tarannum (2006) 1 RDD 467, which judgment did consider the earlier judgments in Miss Altaf Bano and Tayyab Hussain and distinguished that. This is how, this appeal did not come to be decided along with said appeal No.145/2005, and has now come up for admission. In our view, in view of the above sequence of facts and events, this appeal is also simply required to be dismissed, for the same reasons, as given in the order dt. 2.5.2006 passed in SAW No.145/2005. This appeal is accordingly dismissed. ( KISHAN SWAROOP CHAUDHARI ),J. ( N P GUPTA ),J. /m.asif/