Citation : 2022 Latest Caselaw 12436 MP
Judgement Date : 16 September, 2022
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
RP No. 861 of 2022
(M P WAREHOUSING AND LOGISTIC CORPORATION AND OTHERS Vs THE STATE OF MADHYA
PRADESH AND OTHERS)
Dated : 16-09-2022
Shri P.S.Bhadouriya, learned counsel for the petitioner.
Shri Anvesh Jain, learned counsel for the respondent No.2/ Lal Singh
Jayant.
This Review Petition arises out of the order passed on 29th March of 2022 by the Coordinate Bench comprising of Hon'ble Shri Justice Sheel Nagu
and Hon'ble Shri Justice Anand Pathak in W.A.No.850/2021, primarily on the ground that Warehousing Corporation was not even noticed much less heard before the decision rendered in W.A.No.850/2021, as such, there is apparent violation of principle of natural justice.
Per contra, Shri Anvesh Jain, learned counsel for the respondent No.2 submits that as a matter of fact the controversy involved at the stage of Writ Appeal since was no more res integra in view of the judgment of the Coordinate Bench in W.A.No.271/2020 (Salil Kumar Saxena Vs. State of M.P. and another). Said judgment has withstood judicial scrutiny with the dismissal of the
SLP No.7325/2021. The Division Bench relying upon the said judgment has put a quietus to the controversy relating to the age of the retirement of the Warehousing Corporation, therefore, though there may be aberration as regards alleged non-compliance of the principle of natural justice, nevertheless the out come thereof shall be the same.
This Court upon thoughtful consideration deemed it fit to hear Shri P.S.Bhadouriya, learned counsel for the appellant.
Shri Bhadouriya, after arguing for a while prays for time to seek
instructions in the wake of the claim of consequential relief granted by the Coordinate Bench as contained in para 8 of the judgment.
List on 11.11.2022.
(ROHIT ARYA) (ANAND PATHAK)
JUDGE JUDGE
SP
SANJEEV
KUMAR PHANSE
2022.09.16
17:45:17 +05'30'
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