The State Of Madhya Pradesh vs Atmaram
2022 Latest Caselaw 1926 MP

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                                 HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE
                                                          R.P. No.140/2022
                                                State of M.P. V/s. Aatmaram S/o Goyal

                                Indore, dated : 11.02.2022

                                      Smt. Vinita Phaye, learned Govt. Advocate for the

                                petitioners/State.

                                      Shri K.L.Hardia, learned counsel for the respondent.

1. This petition has been filed for review and/or modification of

the order dated 10.07.2021 passed in FA No.452/2008 by the Lok

Adalat. The First Appeal was disposed off by holding that the

judgment of Supreme Court in the matter of State of M.P. V/s.

Pratap in Civil Appeal No.7261-7262/2015 will hold the field and

will be applicable mutatis mutandis between the parties. It was

further directed that the benefits arising out of the judgment of

Pratap (supra) shall be calculated and paid to the appellants within

a period of 90 days.

2. The instant application has been filed on the ground that the

direction contained in the order dated 10.07.2021 that the judgment

of Pratap (supra) will be applicable mutatis mutandis between the

parties is erroneous as it was the judgment passed by the Supreme

Court in the matter of Barkat Khan (dead) through Legal

Representatives V/s. State of M.P. and Others in Civil Appeal

No.3931/2009 decided on 14.05.2015 which was to be made Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.02.17 13:11:11 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE R.P. No.140/2022 State of M.P. V/s. Aatmaram S/o Goyal

applicable mutatis mutandis between the parties. This was the

prayer which had in fact been made by the non-

applicants/appellants to the First Appeal. Learned counsel for the

non-applicants has not disputed the aforesaid factual position and

has stated that in his application for urgent hearing filed in the First

Appeal prayer had been made by him for decision of the same in

light of judgment passed in the case of Barkat Khan (supra).

3. In view of the aforesaid joint statement of the learned counsel

for the parties, it is directed that in the order dated 10.07.2021

passed in First Appeal No.452/2008, in place of "State of M.P. V/s.

Pratap in Civil Appeal No.7261-7262/2015" "Barkat Khan (dead)

through Legal Representatives V/s. State of M.P. and Others in

Civil Appeal No.3931/2009 decided on 14.05.2015" shall be read.

Likewise "Pratap (supra)" wherever it appears in the order shall be

read as "Barkat Khan (supra)".

4. The application is accordingly allowed and the order dated

10.07.2021 passed in First Appeal No.452/2008 is accordingly

modified. The office is directed to issue the modified certified copy

of the order upon application for its certified copy being made. It is

also directed that this order shall be read conjointly with the order Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.02.17 13:11:11 IST

HIGH COURT OF MADHYA PRADESH : BENCH AT INDORE R.P. No.140/2022 State of M.P. V/s. Aatmaram S/o Goyal

dated 10.07.2021 passed in First Appeal No.452/2008.

(PRANAY VERMA) JUDGE ns

Signature Not Verified SAN

Digitally signed by NEERAJ SARVATE Date: 2022.02.17 13:11:11 IST