Sudhir Pandey vs The State Of Madhya Pradesh
2023 Latest Caselaw 20127 MP

Madhya Pradesh High Court

Sudhir Pandey vs The State Of Madhya Pradesh on 30 November, 2023

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                                 1
                                         IN THE HIGH COURT OF MADHYA PRADESH
                                                      AT JABALPUR
                                                         WP No. 15445 of 2023
                                     (SUDHIR PANDEY AND OTHERS Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                           Dated : 30-11-2023
                                 Shri Kundan Lal Prajapati - Advocate for the petitioners.

                                 Shri Subodh Kathar - Govt. Advocate for respondents.

Heard on I.A. No.14193/2023, an application for recall of order dated 20/07/2023.

Shri Kathar, learned Govt. Advocate submits that order has been passed

in W.P. No.15445/2023 on the basis of earlier judgment of this High Court in W.P. No.7703/2018 (Waheed Khan Vs. Transport Department) enclosed along with modification application as Annexure-IA/2.

It is submitted that aforesaid sub rule (1-b) has been substituted vide statutory notification dated 27/12/2022 by the State Government as contained in Annexure-IA/2, therefore, the order dated 30/08/2018 passed in the case of Waheed Khan (supra) is no more in force in view of the statutory notification dated 27/12/2023.

This preposition of facts and law as put forth by Shri Subodh Kathar,

learned Govt. Advocate, is not disputed by learned counsel for the petitioner.

Accordingly, I.A. No.14193/2023 is allowed and disposed of . Order dated 20/07/2023 passed in W.P. No.15445/2023 is recalled and the petition be listed for hearing after two weeks.

In the meanwhile, respondents are directed to file reply to the petition on merits.

(VIVEK AGARWAL)

JUDGE ts