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IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
WP No. 4534 of 2016
(SMT. SEEMA JATAV Vs THE STATE OF MADHYA PRADESH THR AND OTHERS)
Dated : 12-04-2022
Shri Rajnish Sharma, learned counsel for the petitioner.
Shri Devendra Choubey, learned Government Advocate for the
respondent/State.
Learned counsel for the petitioner raised the point regarding principle of opportunity of hearing and the legal position that in the present case at the instance of Commissioner impugned order has been passed. Since the appeal would lie before the Collector or Commissioner as the case may be, then it would be a futile exercise. He also relied upon the judgment in the case of Kansa Vs. State of M.P. and others reported in 2015(4)M.P.L.J.151, in which policy dated 10.07.2007 pertaining to Aangawadi Worker has been discussed and thereafter, petition was allowed.
Since the respondent No.4 is appointed in place of petitioner at a later point of time and she is duly represented, but today no one appeared on her behalf, therefore, in the interest of justice, matter is placed tomorrow i.e. 13.04.2022 at item No.1 so that respondent No.4 if at all intends to represent her cause then she may appear through her counsel.
(ANAND PATHAK) JUDGE Rashid RASHID KHAN 2022.04.13 11:50:02 +05'30' 11.0.8