M. L. Dwivedi vs The State Of Madhya Pradesh
2021 Latest Caselaw 3026 MP

                                                                  1         WP-15430-2019
          The High Court Of Madhya Pradesh
                     WP-15430-2019

(M. L. DWIVEDI Vs THE STATE OF MADHYA PRADESH AND OTHERS)

Jabalpur, Dated : 06-07-2021 Heard through Video Conferencing.

Shri S.K. Singh, learned counsel for the petitioner. Ms. G.K. Patel, learned Government Advocate for the State. Petitioner has filed this writ petition challenging order dated 23.03.2019 contained in Annexure-P/5. By said order claim of petitioner for payment of

bill has been rejected.

Counsel appearing for petitioner submitted that petitioner is acquitted in Criminal Case No.1731/2006 [State of Madhya Pradesh Vs. M.L.Dwivedi] from charges punishable under Sections 420, 467, 468 and 471 of the Indian Panel Code. Collector in its order dated 23.03.2019 has given specific finding that in criminal case relevant record was not available before Magistrate, therefore, petitioner was given the benefit of acquittal. The case of petitioner for payment of bill is considered on basis of report and documents available in the Office and a finding has been given that on spot verification seven

dams were found not to be constructed, therefore, claim of petitioner has been rejected.

There is disputed question of fact involved in the case whether petitioner has made construction of stop dams or not? Burden of proof in criminal case, civil case and in departmental inquiry are different. In view of same, judgment passed by criminal Court cannot be relied upon in proceedings for payment of bill.

In view of aforesaid, writ petition filed by petitioner is disposed of with direction that petitioner may approach Civil Court for redressal of his grievance as disputed question of facts involved in the case.

With aforesaid direction, writ petition filed by petitioner is disposed of.

(VISHAL DHAGAT)

SHABANA Digitally signed by SHABANA ANSARI DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=HIGH COURT OF MADHYA PRADESH, postalCode=482002, st=Madhya Pradesh,

ANSARI 2.5.4.20=c333137a9dcc1cbb16eda221093504d5160044ddfe0 db28fde957c744ce28123, cn=SHABANA ANSARI Date: 2021.07.07 15:15:34 +05'30' 2 WP-15430-2019 JUDGE shabana