Home Department vs Sujat Kabir
2022 Latest Caselaw 12204 MP

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            IN THE HIGH COURT OF MADHYA PRADESH
                          AT INDORE
                                WA No. 1426 of 2019
                    (HOME DEPARTMENT AND OTHERS Vs SUJAT KABIR)

Dated : 13-09-2022
      Shri Aditya Garg, learned counsel for the appellant.

      Heard on I.A. No.4044/2019, an application seeking condonation of
delay of 67 days in filing the Writ Appeal.
      This appeal is barred by 66 days, hence, aforesaid application has been
filed. The delay has been explained in para 2 of the application and there is no
reply by the respondent opposing the said application despite service of notice.

Thus, delay in filing the Writ Appeal is hereby condoned.

Learned counsel for the appellant submits that the learned Writ Court has not considered the judgment passed in case of Union of India and others Vs. Ram Lakhan Sharma reported in (2018) 7 SCC 670 in which the Apex Court has held that there is requirement of appointment of Presenting Officer in each and every cases. The respondent has filed Contempt Petition seeking early compliance of order passed by the Writ Court. There are serious charges against the respondent.

Admit.

List for final hearing.

Heard on I.A. No.4043/2019 an application for stay. Till the next date of hearing, order passed by Writ Court shall remain stayed.

On payment of fresh P.F, notice be issued to the respondent on memo as well stay application.

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

Digitally signed by PRAVEEN NAYAK Date: 2022.09.15 12:13:37 +05'30'