The State Of Madhya Pradesh vs Sandeep Keer
2023 Latest Caselaw 1841 MP

                                                              1
                          IN       THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE ANAND PATHAK
                                               ON THE 1 st OF FEBRUARY, 2023
                                               REVIEW PETITION No. 93 of 2023

                         BETWEEN:-
                         1.       THE STATE OF MADHYA PRADESH THROUGH
                                  GENERAL ADMINISTRATION    DEPARTMENT
                                  VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                         2.       THE COLLECTOR SEHORE DISTRICT (MADHYA
                                  PRADESH)

                         3.       THE   TEHSILDAR   TEHSIL NASRULLAGANJ
                                  DISTRICT (MADHYA PRADESH)

                                                                                         .....PETITIONERS
                         (BY SHRI LALIT JOGLEKAR- GOVERNMENT ADVOCATE )

                         AND
                         SANDEEP KEER S/O LATE SHRI GOKUL PRASAD KEER,
                         AGED ABOUT 25 YEARS, OCCUPATION: UNEMPLOYED
                         H.NO. 1335 WARD NO. 07 PREM NAGAR COLONY,
                         INDORE      ROAD     NASRULLAGANJ      TEHSIL
                         NASRULLAGANJ DISTRICT SEHORE PERMANENT R/O
                         VILLAGE NINAUR MAKODIYA TEHSIL REHSIL REHTI
                         DISTRICT SEHORE (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                         (BY SHRI D.K.SHUKLA- ADVOCATE)

                                  This petition coming on for admission this day, th e court passed the
                         following:
                                                               ORDER

Heard on I.A.No.1569/2023, which is an application for condonation of delay.

It is a submission of the learned counsel for the review petitioners that

Signature Not Verified after passing of order dated 14.03.2022, order was sent to the Department Signed by: RAVIKANT KEWAT Signing time: 2/1/2023 6:36:31 PM

concerned, from where it was found that judgment relied upon by the petitioner in the matter of Sohan Joshi Vs. State of M.P. and Others reported in 2012 (3) MPLJ 743 is being overruled by the Division Bench of this Court in Writ Appeal No.862/2019 (State of M.P. and Others Vs. Sohan Joshi) vide order dated 25.11.2019. The said aspect could not be brought to the notice of this Court at the time of passing of the impugned order. When this aspect came to the knowledge of the authority, then procedure restarted for filing review petition and delay caused because of procedural inertia in the Government Department and the same is bona fide in nature and deserves to be condoned in the interest of justice.

Learned counsel for the respondent has vehemently opposed the prayer and prayed for rejection of the application.

Considering the rival submissions and the ground raised in the application, sufficiency of cause is made out and I.A.No.1569/2023 is hereby allowed. Delay of 287 days in filing the review petition is hereby condoned.

With consent, heard on admission.

The present review petition is being preferred by the petitioners/State on solitary ground that matter pertains to compassionate appointment and order dated 14.03.2022 passed in W.P.No.24434/2021 (Sandeep Keer Vs. State of M.P. & Others) is based upon an overruled judgment because judgment relied upon in the matter of Sohan Joshi Vs. State of M.P. and Others reported in 2012 (3) MPLJ 743 stands modified by the order dated 25.11.2019 passed in W.A.No.862/2019. Therefore, there was an error apparent on the face of record and would lead to an anomalous situation.

Learned counsel for the respondent has opposed the prayer and prayed Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/1/2023 6:36:31 PM

for dismissal of the petition.

Considering the rival submissions and the ground raised by the petitioner it appears that the matter requires to be reheard afresh, so that rival contentions in light of updated law be appreciated.

Resultantly, review petition filed by the State of Madhya Prdesh is allowed and order dated 14.03.2022 passed in W.P.No.24434/2021 stands recalled and W.P.No.24434/2021 is restored to its original position.

Office is directed to restore the W.P.No.24434/2021 in its original position and place it for hearing on admission and for further orders in the month of March, 2023.

A copy of this order be placed in the file of W.P.No.24434/2021 for record purpose.

With the above, review petition is finally disposed of.

(ANAND PATHAK) JUDGE rk.

Signature Not Verified Signed by: RAVIKANT KEWAT Signing time: 2/1/2023 6:36:31 PM