The State Of Madhya Pradesh vs Deceased Shri Ram Swaroop Sharma ...
2022 Latest Caselaw 9719 MP

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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                Writ Appeal No.1002 of 2021
Indore, dated 14.07.2022
        Shri Shrey Raj Saxena, learned Government Advocate for
the appellant / State.
        Heard on I.A. No.9790/2021, which is an application for
condonation of delay. Initially the Registry treated this appeal as
time barred by 521 days but thereafter, in view of the judgment
passed by the Apex Court, the limitation period was recalculated
and as per the report, the appeal is within time, therefore, no orders
are required to be passed on I.A. No.9790/2021.
        Accordingly, I.A. No.9790/2021 stands disposed of.
        The appellant / State has filed the present writ appeal
under Section 2(1) of the Madhya Pradesh Uchcha Nyayalaya
(Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 being aggrieved
by the order dated 03.02.2020 passed by the learned Single Judge
in W.P. No.10678 of 2018.
        Learned Deputy Advocate General for the appellant / State
submits that in earlier writ petition i.e. W.P. No.6277 of 2016, the
writ petitioner sought payment of retiral dues with interest @ 12%
but vide order dated 12.11.2016, the writ petition was disposed of
in Lok Adalat by directing the respondents therein to pay the retiral

dues within a period of three months. The writ petitioner did not pray for interim relief and now when the order of Lok Adalat has attained finality, it cannot be challenged by way of second writ

petition by claiming interest.

In view of the above, issue notice to the respondents on payment of PF within seven days. Notice be made returnable within four weeks.

List the matter after service is effected.

    (VIVEK RUSIA)                              (AMAR NATH (KESHARWANI))
      JUDGE                                            JUDGE
Ravi

Digitally signed by RAVI PRAKASH Date: 2022.07.15 11:14:59 +05'30'