Arvind Singh Chouhan vs M.P. State Agriculture Marketing ...
2023 Latest Caselaw 1993 MP

                                                               1
                          IN       THE       HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                ON THE 3 rd OF FEBRUARY, 2023
                                                WRIT PETITION No. 4388 of 2009

                         BETWEEN:-
                         ARVIND SINGH CHOUHAN S/O I.B.CHOUHAN, AGED
                         ABOUT 47 YEARS, OCCUPATION: L.D.C. KRISHI UPAJ
                         MANDI SAMITI (MADHYA PRADESH)

                                                                                            .....PETITIONER
                         (BY SHRI KABEER PAUL - ADVOCATE)

                         AND
                         1.       M.P. STATE AGRICULTURE MARKETING BOARD,
                                  THROUGH MANAGING DIRECTOR 26, ARERA
                                  HILLS, KISAN BHAWAN, BHOPAL (MADHYA
                                  PRADESH)

                         2.       ADDITIONAL          DIRECTOR M.P.STATE
                                  AGRICULTURE MARKETING BOARD 26 ARERA
                                  HILLS KISAN BHAWAN BHOPAL (MADHYA
                                  PRADESH)

                         3.       SECRETARY KRISHI UPAJ MANDI SAMITI SAGAR
                                  (MADHYA PRADESH)

                         4.       COLLECTOR SAGAR (MADHYA PRADESH)

                                                                                         .....RESPONDENTS
                         (RESPONDENT NO.1 BY SHRI R.S.THAKUR - ADVOCATE)

                                  T h is petition coming on for orders this day, t h e cou rt passed the
                         following:
                                                                ORDER

With the consent of learned counsel for the parties, this case is finally heard.

Shri Kabeer Paul, learned counsel for the petitioner is in agreement that if Signature Not Verified Signed by: AMIT JAIN Signing time:

2/3/2023 5:08:20 PM

the respondent No.1 Madhya Pradesh State Agriculture Marketing Board, Bhopal agrees to consider the petitioner's representation for regularisation in the light of the judgment of Hon'ble the Supreme Court in Secretary, State of Karnataka & Others versus Uma Devi & Others (2006) 4 SCC and also the G.A.D Circular dated 16.5.2007 and the Circulars issued thereafter by the Government of Madhya Pradesh from time to time then the petitioner will not be pressing this writ petition.

To this, Shri R.S.Thakur, learned counsel for respondent No.1 Madhya Pradesh State Agriculture Marketing Board, Bhopal submits that he has instructions that the respondent No.1 Madhya Pradesh State Agriculture

Marketing Board, Bhopal will be considering the case of the petitioner on the touchstone of the judgment of Hon'ble the Supreme Court in Secretary, State of Karnataka & Others versus Uma Devi & Others (supra) and the Circulars issued by the State Government from time to time in that regard.

Accordingly, without commenting anything on the merits, this writ petition can be disposed of with a direction that the respondent No.1 Madhya Pradesh State Agriculture Marketing Board, Bhopal shall bestow their consideration to the case of the petitioner for regularisation in terms of the law laid down by Hon'ble the Supreme Court in Secretary, State of Karnataka & Others versus Uma Devi & Others (supra) and the Circulars issued by the Government of Madhya Pradesh in that regard from time to time within a period of ninety days from the date of receipt of certified copy of the order being passed today.

In above terms, this writ petition is disposed of.

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/3/2023 5:08:20 PM

(VIVEK AGARWAL) JUDGE amit

Signature Not Verified Signed by: AMIT JAIN Signing time:

2/3/2023 5:08:20 PM