-1- SAW No.125/2010 IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN AT JAIPUR BENCH, JAIPUR J U D G M E N T D.B. Civil Special Appeal (W) No.125 of 2010 IN S.B. Civil Writ Petition No.1139 of 2006. M/s. Jayanti Cold Storage and Another VERSUS The State of Rajasthan and Others Date of Judgment :::: 24/05/2010 Hon'ble Mr. Justice Dalip Singh Hon'ble Mr. Justice Raghuvendra S. Rathore Mr. Ajeet Kumar Sharma, Counsel for the Appellants Mr. Pradeep Kalwania, Addl. Govt. Counsel Ms. Bobby Dutta and Mr. Inderjeet Singh, Counsel for the Respondents *** Per Court : Heard learned counsel for the parties. It has been pointed out by the learned counsel that this matter is covered by the decision of this Court in D.B. Special Appeal (W) No.234 of 2010 arising out of S.B. Civil Writ Petition No.4546 of 2006 (M/s. Mount Shivalik Industries Limited Vs. State of Rajasthan & Others. This Court while deciding the aforesaid appeal vide order dated May 11, 2010 has passed the following order :- “In view of the aforesaid, while maintaining the judgment of the learned Single Judge, it is made clear that till the matter is disposed of by the Director, Agricultural Marketing, recovery of the amount in dispute shall not be effected, if the appeal/representation is made within fifteen days from today. With the aforesaid observations, the appeal is disposed of.” -2- SAW No.125/2010 Since, the question involved in the appeal is identical to one before this Court which was decided by the learned Single Judge along with the present writ petition by the judgment dated 17th December, 2009, we find no reason to interfere and take a different view, and direct the petitioners to approach the Director as has been held by this Court in M/s. Mount Shivalik Industries Limited's case on the same terms and conditions as contained in the order of this Court dated 11.05.2010. The special appeal is accordingly disposed of in the light of the aforesaid judgment dated 11.05.2010. (Raghuvendra S. Rathore), J. (Dalip Singh) J. Ashok/