Madhya Pradesh High Court
The State Of Madhya Pradesh vs Smt. Nisha on 23 September, 2022
Author: Subodh Abhyankar
WA No.563/2014
1
High Court of Madhya Pradesh, Jabalpur
Bench at Indore
BEFORE
HON'BLE SHRI JUSTICE SUBODH ABHYANKAR &
HON'BLE SHRI JUSTICE SATYENDRA KUMAR SINGH
ON THE 23RD OF SEPTEMBER, 2022
Writ Appeal No.563/2014
Between: -
The State of Madhya Pradesh,
Through Secretary,
Awas & Paryavaran Mantralaya,
Vallabh Bhawan, Bhopal (MP)
The Joint Director,
Nagar Tatha Gram Nivesh,
AB Road, Indore, District Indore (MP)
.....APPELLANTS
(By Shri Vaibhav Bhagwat, Government Advocate)
AND
Smt. Nisha W/o Mahavir Bidasaria,
Aged about 38 years, Occupation: Business,
Address: 08-A, Shri Nagar, Indore, District Indore (MP)
(By Shri Veer Kumar Jain, learned Senior Counsel assisted by
Shri Vaibhav Jain, Advocate)
.....RESPONDENT
................................................................................................................................
.
This WRIT APPEAL coming on for hearing / judgment this
day, Hon'ble Shri Justice Subodh Abhyankar, passed the
following:
ORDER
Heard finally, with the consent of the learned counsel for the
parties.
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-09-2022
18:05:11
WA No.563/2014
This writ appeal under Section 2 (1) of the Madhya Pradesh
Uchcha Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam,
2005 has been filed by the appellant / State of Madhya Pradesh
against order dated 23.08.2013 passed by the learned Single Judge
of this Court in Writ Petition No.5081/2012 (Smt. Nisha W/o
Mahavir Bidasaria v. The State of Madhya Pradesh & another)
which was disposed of in the light of order dated 23.08.2013 passed
in Writ Petition No.5079/2012 (Anil S/o Parmannd Soni v. The
State of Madhya Pradesh & another) (Annexure A/2).
2. Shri Veer Kumar Jain, learned Senior Counsel appearing for
the respondent has brought to the notice of this Court order dated
07.04.2018 (Copy placed on record), whereby the Joint Director,
Town & Country Planning Department, Indore (MP) has already
sanctioned the development plan, as directed by this Court in the
order under challenge.
3. Shri Jain has submitted that the present appeal (WA
No.563/2014) was already allowed by this Court vide order dated
28.04.2016. However, in Review Petition No.191/2016 (Smt.
Nisha W/o Mahavir Bidaseria v. The State of Madhya Pradesh
& others) vide order dated 27.01.2017 (copy placed on record) the
order dated 28.04.2016 passed in Writ Appeal No.563/2014 was
recalled and the present appeal has been revived. Thus, it is
submitted that since the State of Madhya Pradesh (appellants
herein) have already complied with the order dated 23.08.2013
passed by the Writ Court in Writ Petition No.5081/2012 (Smt.
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-09-2022
18:05:11
WA No.563/2014
Nisha W/o Mahavir Bidasaria v. The State of Madhya Pradesh
& another) vide order dated 07.04.2018, nothing survives to be
decided in the present appeal.
4. Learned Government Advocate for the appellants / State of
Madhya Pradesh has submitted that he is not aware of the aforesaid
order.
5. On due consideration of the submissions and on perusal of
order dated 07.04.2018 passed by the Joint Director, Town &
Country Planning Department, Indore as also considering the fact
that the grievance of the writ petitioner (respondent herein) has
already been redressed in compliance with the order dated
13.05.2014 passed in Contempt Case No.136/2014 arising out of
Writ Petition No.5081/2012 (Smt. Nisha W/o Mahavir Bidasaria
v. The State of Madhya Pradesh & another), nothing survives to
be decided in this writ appeal.
6. Accordingly, Writ Appeal No.563/2014 is hereby dismissed
as having rendered infructuous.
All the other pending interlocutory applications, if any, shall
stand disposed of.
(Subodh Abhyankar) (Satyendra Kumar Singh)
Judge Judge
Pithawe RC
Signature Not Verified
Signed by: RAMESH
CHANDRA PITHWE
Signing time: 26-09-2022
18:05:11
