Sahkari Vipran Sanstha Maryadit vs Smt. Sharda Dixit
2021 Latest Caselaw 2577 MP

                                   1                                   WA-29-2021
        The High Court Of Madhya Pradesh
                    WA-29-2021
         (SAHKARI VIPRAN SANSTHA MARYADIT Vs SMT. SHARDA DIXIT AND OTHERS)


Jabalpur, Dated : 21-06-2021
      Heard through Video Conferencing.

      Mr. Sameer Beohar, Advocate for the appellant.
      Mr. B.S.Sahu, Advocate for the respondent no.1.

Shri Bramhadatt Singh, Government Advocate for the respondent Nos.2 to 5/State.

Heard.

This Writ Appeal is directed against the judgment of the learned Single Judge dated 10.12.2020 passed in Writ Petition No 19073/2020 by which writ petition filed by the respondent No.1 was allowed and the appellant herein was directed to pay the amount to the respondent/writ petitioner within a period of 30 days. It was further directed that if such payment is not made within the period of 30 days, the respondent/writ petitioner would be entitled to get interest over the said amount.

The appellant/Sanstha herein which was the respondent No.5 in the writ

petition has challenged the order by filing a writ appeal by contending that the writ petition was disposed of by the learned Single Judge even without issuing notice to the appellant and an ex-parte order has been passed. Several facts have been concealed by the respondent/writ petitioner from the Court and that the liability has been fastened upon the appellant without hearing it. It is contended that as per the audit report, it has been revealed that several financial irregularities have been committed by the employees of the appellant during the period 2016-18 and in certain instances double payment has been made to 158 agriculturists causing a huge loss of more than Rs.1.5 Crore to the appellant/Sanstha.

Even though the learned counsel for the respondent No.1 has opposed the appeal by contending that in another writ petition bearing Writ Petition No.18120/2020, similar order or interlocutory order, has been passed after 2 WA-29-2021 hearing the appellant and that writ petition is still pending, but considering that in the present case final order was passed without even issuing any notice to the appellant, we deem it appropriate to set aside the impugned judgment and revive the writ petition and remit the matter to the Single Bench.

The said writ petition be heard along with Writ Petition No.18120/2020

on the date fixed in that matter.

Accordingly, the writ appeal stands disposed of.

                (MOHAMMAD RAFIQ)                                (VIJAY KUMAR SHUKLA)
                 CHIEF JUSTICE                                             JUDGE


     psm
Digitally signed by
PREM SHANKAR
MISHRA
Date: 2021.06.22
10:24:21 +05'30'