Sampat Lal Dheriya vs The State Of Madhya Pradesh
2022 Latest Caselaw 15285 MP

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                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                  CHIEF JUSTICE
                                                        &
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                           ON THE 21 st OF NOVEMBER, 2022
                                              WRIT APPEAL No. 42 of 2007

                           BETWEEN:-
                           SAMPAT LAL DHERIYA S/O SHRI G.L.DHERIYA, AGED
                           ABOUT 49 YEARS, R/O MAHAMAYA WARD H.NO.I,
                           PARTAPUR MARG BHEROGANJ, SEONI (MADHYA
                           PRADESH)

                                                                               .....APPELLANT
                           (BY SHRI RAJESH SONI - ADVOCATE - ABSENT)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 TRANSPORT VALLABH BHAWAN,       BHOPAL
                                 (MADHYA PRADESH)

                           2.    M.P.R.T.C. THROUGH ITS MANAGING DIRECTOR
                                 HEAD OFFICE HABIB GANJ BHOPAL (MADHYA
                                 PRADESH)

                           3.    GENERAL MANAGERS HEAD OFFICE HABIB GANJ
                                 BHOPAL (MADHYA PRADESH)

                           4.    DIVISIONAL MANAGER M.P.R.T.C. SEONI DISTT,
                                 SEONI (MADHYA PRADESH)

                           5.    H.L.KORI S/O MITTHU LAL KORI, AGED ABOUT 49
                                 YEARS, R/O KAMLA NEHRU NAGAR H.N.348
                                 JABALPUR (MADHYA PRADESH)

                           6.    VINOD VAMAN JOSHI S/O VAMAN JOSHI, AGED
                                 ABOUT 56 YEARS, R/O KAMLA NEHRU NAGAR
                                 JABALPUR (MADHYA PRADESH)

Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 11/22/2022
7:02:10 PM
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                           7.    R.B.S. BAGHEL S/O B.S.BAGHEL, AGED ABOUT 52
                                 YEARS, R/O OFFICE OF DIVISIONAL MANAGER
                                 SOUTH CIVIL LINE, JABALPUR (MADHYA
                                 PRADESH)

                                                                                         .....RESPONDENTS
                           (SHRI B.D.SINGH - GOVERNMENT ADVOCATE FOR RESPONDENT NO.1)


                                  Th is appeal coming on for hearing this day, Hon'ble Shri Justice
                           Ravi Malimath, Chief Justice passed the following:
                                                               ORDER

This appeal is of the year 2007 and the writ petition was filed in the year 2006 with a delay of three years. The appellant's counsel is absent. In view of the long delay, we do not propose to unnecessarily adjourn this matter. Hence,

the same is considered on merits.

Aggrieved by the order dated 10.11.2006 passed by the learned Single Judge in dismissing the Writ Petition No.14255 of 2006 on the ground of delay, the writ petitioner is in appeal.

The petitioner filed the instant petition on the ground that he was superseded by the respondents in terms of the order dated 29.05.2003. The writ petition was filed in the year 2006, therefore, the learned Single Judge while relying on the judgment of the Hon'ble Supreme Court in the case of P.S.Sadasivaswamy Vs. State of Tamil Nadu reported in AIR 1974 SC 2271 came to the conclusion that the petition filed after expiry of more than three years could not be entertained. The matter pertains to supersession. Hence, the petition was dismissed.

Considering the reason, we do not find any ground to take a different view. The learned Single Judge has rightly considered the judgment of the Hon'ble Supreme Court and dismissed the petition on the ground of delay.

Signature Not Verified Hence, we find no good ground to entertain the writ appeal. Signed by: ANINDYA SUNDAR MUKHOPADHYAY Signing time: 11/22/2022 7:02:10 PM

The writ appeal is accordingly, dismissed.

                                (RAVI MALIMATH)                               (VISHAL MISHRA)
                                  CHIEF JUSTICE                                    JUDGE
                           AM




Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 11/22/2022
7:02:10 PM