Kailash Narayan Sharma vs The State Of Madhya Pradesh
2022 Latest Caselaw 15053 MP

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     IN THE HIGH COURT OF MADHYA PRADESH
                         AT INDORE
                            BEFORE
        HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA

               ON THE 16th OF NOVEMBER, 2022

             WRIT PETITION No. 20045 of 2022

  BETWEEN:-
  KAILASH NARAYAN SHARMA S/O SHRI LATE SHRI R.C.
  SHARMA, AGED ABOUT 70 YEARS, OCCUPATION: RETIRED
  TIMEKEEPER NAGAR MOHALLA, NEAR SHIV MANDIR
  BYAWARA (MADHYA PRADESH)
                                                .....PETITIONER
  (BY SHRI NILESH PATEL, ADVOCATE)

  AND
   THE STATE OF MADHYA PRADESH THROUGH THE
1. PRINCIPAL SECRETARY VALLABH BHAWAN, BHOPAL
   (MADHYA PRADESH)
   ENGINEER IN CHIEF , PUBLIC WORKS DEPARTMENT PLOT
2. NO. 27-28, NIRMAN BHAWAN, GROUND FLOOR, AREA HILLS,
   DISTRICT BHOPAL (MADHYA PRADESH)
   CHIEF ENGINEER (CAPITAL ZONE) PUBLIC WORKS
3. DEPARTMENT (B AND R ) DISTRICT BHOPAL. (MADHYA
   PRADESH)
   SUPERINTENDENT       ENGINEER,    PUBLIC    WORKS
4. DEPARTMENT (B AND R ) NIRMAN BHAWAN, MANDAL NO. 2
   DISTRICT BHOPAL (MADHYA PRADESH)
   EXECUTIVE ENGINEER PUBLIC WORKS DEPARTMENT (B
5. AND R ) DIVISION RAJGARH DISTRICT RAJGARH (MADHYA
   PRADESH)
                                             .....RESPONDENTS
  ( HITENDRA TRIPATHI, ADVOCATE FOR RESPONDENT NO.1 ON
  ADVANCE COPY)
This petition coming on for hearing this day, the court passed the
following:
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                                                  ORDER

Counsel for the petitioner submits that this petition may be disposed of in term of the order dated 26.07.2022 passed by this Court in the case of Abbas Ali vs State of Madhya Pradesh and Others in Writ Petition No.5705 of 2022.

The limited prayer of the learned counsel for the petitioner is that his pending representation, Annexure-P/6 be directed to be decided by the competent authority in the light of the judgment passed by this Court in the case of K.L. Asre vs. State of Madhya Pradesh and Others - Writ Petition No.1079 of 2003. It is submitted that the number of writ petitions have been disposed of by directing the competent authority to consider and decide the representation of the petitioner by passing a speaking order.

The learned counsel for the State submits that the representation of the petitioner will be decided in accordance with law.

In view of the aforesaid submissions made by the learned counsel for the parties, the present petition is disposed of with a direction to the respondent No.5 - Executive Engineer (B&R), Public Works Department, Division Rajgarh, District - Rajgarh to decide the representation of the petitioner pending before him in the light of the decision in the case of K.L. Asre (supra). In case if the petitioner is found entitled to the said benefit, the same shall be extended to him within a period of 30 days from the date of communication of the order passed today.

It is made clear that this Court has not expressed any opinion on the merits of the case.

Accordingly, the writ petition stands disposed of.

(VIJAY KUMAR SHUKLA) JUDGE Arun/-

Digitally signed by ARUN NAIR Date: 2022.11.17 09:22:43 +05'30'