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Shiv Kumar Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 2120 MP

Citation : 2022 Latest Caselaw 2120 MP
Judgement Date : 16 February, 2022

Madhya Pradesh High Court
Shiv Kumar Patel vs The State Of Madhya Pradesh on 16 February, 2022
Author: Atul Sreedharan
                                                                   1
                                          IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
                                                                   BEFORE
                                                    HON'BLE SHRI JUSTICE ATUL SREEDHARAN
                                                          ON THE 16th OF FEBRUARY, 2022

                                                        WRIT PETITION No. 3224 of 2022

                                            Between:-
                                     1.     SHIV KUMAR PATEL S/O ARJUN LAL PATEL ,
                                            AGED ABOUT 60 YEARS, OCCUPATION: SERVICE
                                            TIMEKEEPER(WORK CHARGE) R/O NEAR OF
                                            RESHAM UDDYOG KENDRA WARD NO. 5
                                            DEODARA MANDLA DISTRICT MANDLA M.P.
                                            (MADHYA PRADESH)

                                     2.     MEHARCHAND BAGHEL S/O MANSHARAM
                                            BAGHEL , AGED ABOUT 59 YEARS, OCCUPATION:
                                            (SERVICE) TIMEKEEPER (WORK CHARGE) R/O
                                            OLD DINDORI ROAD, DR. AMBEDKAR WARD NO.
                                            10, HOUSE NO. 219, MANDLA, DISTRICT - MANDLA
                                            (M.P.) (MADHYA PRADESH)

                                     3.     SURENDRA PRASAD SHRIVASTAVA S/O RAJARAM
                                            SHRIVASTAVA , AGED ABOUT 60 YEARS,
                                            OCCUPATION: (SERVICE) TIMEKEEPER (WORK
                                            CHARGE) R/O WARD NO.06, PRATAP NAGAR,
                                            NAINPUR, MANDLA, DISTRICT- MANDLA (M.P.)
                                            (MADHYA PRADESH)

                                     4.     PRITAM KUMAR DUBEY S/O GOVIND PRASAD
                                            DUBEY , AGED ABOUT 58 YEARS, OCCUPATION:
                                            (SERVICE) TIMEKEEPER (WORK CHARGE) R/O
                                            SWAMI VIVEKANAND WARD, WARD NO.12,
                                            PURANI BASTI, NAINPUR, MANDLA DISTRICT
                                            MANDLA (M.P.) (MADHYA PRADESH)

                                     5.     SUBHASH CHANDROL S/O MIHI LAL , AGED
                                            ABOUT    53 YEARS, OCCUPATION: (SERVICE)
                                            TIMEKEEPER (WORK CHARGE) R/O BEHIND
                                            ANAND BHAVAN, DR. AMBEDKAR WARD NO.10,
                                            MANDLA, DISTRICT- MANDLA (M.P.) (MADHYA
                                            PRADESH)

                                     6.     HARISHANKAR    UPADHYAY S/O      BHAGWAT
                                            PRASAD UPADHAYA , AGED ABOUT 60 YEARS,
                                            OCCUPATION: (SERVICE) TIMEKEEPER (WORK
                                            CHARGE) R/O WARD NO.09, JEEVAN COLONY,
                                            BEHIND RANGE OFFICER, DEODARA, MANDLA,
                                            DISTRICT-MANDLA (M.P.) (MADHYA PRADESH)

                                     7.     MOHAN LAL JHARIYA S/O BHOOKA LAL JHARIYA
                                            , AGED ABOUT 54 YEARS, OCCUPATION: (SERVICE)
                                            TIMEKEEPER (WORK CHARGE) R/O IN FRONT OF
                                            DURGA MANDIR PWD COLONY, WARD NO. 17,
                                            DOCTOR RADHA KRISHNAN WARD, MANDLA,
                                            DISTRICT- MANDLA (M.P.) (MADHYA PRADESH)

                                                                                           .....PETITIONERS
Signature Not Verified
  SAN
                                            (BY SHRI SANJAY ROY, ADVOCATE)
Digitally signed by RAVIKANT KEWAT

                                            AND
Date: 2022.02.17 11:45:09 IST
                                                                           2
                                     1.       THE STATE OF MADHYA PRADESH THROUGH THE
                                              PRINCIPAL   SECRETARY   PUBLICE  WORKS
                                              DEPARTMENT VALLABH BHAWAN BHOPAL M.P.
                                              (MADHYA PRADESH)

                                     2.       ENGINEER   IN   CHIEF PUBLIC    WORKS
                                              DEPARTMENT NIRMAN BHAWAN, PLOT NO.27-28,
                                              ARERA HILLS,   BHOPAL (M.P.)  (MADHYA
                                              PRADESH)

                                     3.       EXECUTIVE       ENGINEER    PUBLIC  WORKS
                                              D E PA R T M E N T (B/R) DIVISION  MANDLA,
                                              DISTRICT- MANDLA (M.P.) (MADHYA PRADESH)

                                                                                                       .....RESPONDENTS
                                              (BY SHRI UTKARSH AGRAWAL, PANEL LAWYER )

                                           T h is petition coming on for admission this day, the court passed the
                                     following:
                                                                           ORDER

Learned counsel for the petitioners submits that the subject matter of this petition is pending consideration by way of a representation, which is Annexure- P/2 before the respondent no.3.

Under the circumstances, this writ petition is disposed of with a request to the the respondent no.4 to decide the said representation (Annexure-P/2) within a period of 60 days from the date on which the certified copy of this order is placed before this him, in the light of the order dated 07.11.2005 passed in W.P.No.1070/2003 (-K.L.Asre Vs. State of M.P. and Others).

This Court makes it clear that it is not passing any observation on the merits of the case. If the case of the petitioners is covered by the judgment of this Court dated 07.11.2005 passed in W.P.No.1070/2003, the respondent no.3 is requested to consider and decide the representation of the petitioners and give the similar benefit to the petitioners herein, strictly in accordance with law, without being influenced by this order.

With the above, the petition is finally disposed of. C.C. as per rules

Signature Not Verified SAN (ATUL SREEDHARAN) JUDGE rk.

Digitally signed by RAVIKANT KEWAT Date: 2022.02.17 11:45:09 IST

 
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