!! 1 !! IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JODHPUR O R D E R S.B. CIVIL WRIT PETITION NO.124/2001 (Rajendra Prasad Vs. State of Rajasthan & Ors.) Date of order :: 26.03.2009 P R E S E N T HON'BLE MR. JUSTICE GOPAL KRISHAN VYAS Mr.Vijay Bishnoi, for the petitioner. Dr.Pratistha Dave, for the respondents. Heard learned counsel for the parties. It is submitted by learned counsel for the petitioner that in all three identical writ petitions were filed, out of which, one writ petition being S.B.C.W.P.No.385/2001 (Chand Ratan Rathi Vs. the State of Rajasthan & Ors.) was allowed by this Court vide order dated 01st August, 2007, in which the following order was made:- “Accordingly, this petition for writ is allowed. The categorization of vehicle as “ordinary” or “other than ordinary” under the notification dated 24.3.1999 is illegal and the same, therefore, is quashed. The respondents may levy special tax on the petitioner by treating it as transport vehicle only without making further categorization as “ordinary” or “other than ordinary”. Accordingly, the demand made by the !! 2 !! District Transport Officer, Bikaner is also quashed. No order as to cost.” Learned counsel for the petitioner submits that this case is squarely covered with the order rendered in case of Chand Ratan Rathi (supra), therefore, this case may also be decided while following the said order. Learned counsel for the respondents submits that although the identical matter was decided earlier, but in the said order relevant Rules were not considered. In my opinion, once the order has been passed by the Co-ordinate Bench in the similar set of facts and circumstances, then judicial discipline is required to be maintained in view of the judgment of Hon'ble Apex Court reported in 2008 SCC (10) page 1 (Official Liquidator Vs. Dayanand & Ors.). Accordingly, this writ petition is also allowed in terms of the order dated 01st August, 2007 passed in S.B.C.W.P.No.385/2001. (GOPAL KRISHAN VYAS), J. A.K. Chouhan/- A.K. Chouhan/-