Madhya Pradesh High Court

Santosh Dubey vs The State Of Madhya Pradesh on 9 May, 2024

Author: Chief Justice

Bench: Ravi Malimath, Vishal Mishra

                                                     1
                          IN    THE      HIGH COURT OF MADHYA PRADESH
                                              AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                  CHIEF JUSTICE
                                                        &
                                       HON'BLE SHRI JUSTICE VISHAL MISHRA
                                              ON THE 9 th OF MAY, 2024
                                          WRIT PETITION No. 12048 of 2024

                         BETWEEN:-
                         1.    SANTOSH DUBEY S/O SHRI DWARKA PRASAD
                               DUBEY, AGED ABOUT 66 YEARS, OCCUPATION:
                               RETD.   ASST.  DEVELOPMENT     EXTENSION
                               OFFICER R/O ABDUL KALAM WARD KHURAI
                               SAGAR NAKA, YADAV GALI KHURAI, TEHSIL
                               KHURAI, DISTRICT SAGAR (MADHYA PRADESH)

                         2.    ANIL KUMAR JAIN S/O SHRI HUKUM CHAND
                               JAIN, AGED ABOUT 66 YEARS, OCCUPATION:
                               RETD.   ASST. DEVELOPMENT   EXTENSION
                               OFFICER, R/O DEENDAYAL UPADHYAY WARD
                               NEAR HEMANT TALKIES KHURAI, DISTRICT
                               SAGAR (MADHYA PRADESH)

                                                                            .....PETITIONERS
                         (BY SHRI SHYAM YADAV - ADVOCATE)

                         AND
                         1.    THE STATE OF MADHYA PRADESH THROUGH
                               PRINCIPAL SECRETARY, PANCHAYAT AND
                               RURAL DEVELOPMENT DEPARTMENT VALLABH
                               BHAWAN BHOPAL (MADHYA PRADESH)

                         2.    COLLECTOR SAGAR DISTRICT SAGAR (MADHYA
                               PRADESH)

                         3.    CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                               SAGAR DISTRICT SAGAR (MADHYA PRADESH)

                         4.    DIVISIONAL PENSION OFFICER, SAGAR DISTRICT
                               SAGAR (MADHYA PRADESH)


Signature Not Verified
                         5.    CHIEF     EXECUTIVE    OFFICER,   JANPAD
Signed by: VAISHALI
TRIPATHI
Signing time: 6/1/2024
1:34:12 PM
                                                      2
                                PANCHAYAT KHURAI DISTRICT SAGAR (MADHYA
                                PRADESH)

                                                                                       .....RESPONDENTS
                         (BY SHRI S.S.CHOUHAN - GOVERNMENT ADVOCATE)

                                This petition coming on for orders this day, Hon'ble Shri Justice Ravi
                         Malimath, Chief Justice passed the following:
                                                              ORDER

Learned counsels for the parties submit that the question of law that arises for consideration in this petition is covered by the judgment of the Hon'ble Supreme Court in SLP (C) No. 8219 of 2020 (Madhya Pradesh Power Transmission Company Limited and another vs. S.R. Ramchandran and others)

dated 11.07.2023. Hence, they plead that this petition be also disposed off on the same terms.

In view of the submission made, the petition is disposed off in terms of the aforesaid judgment of the Hon'ble Supreme Court.

However, it is noticed that there are various defaults as pointed out by the Registry including non-payment of deficit court fees. In the larger interest of justice, the defaults except court fee are overruled.

The petitioners to submit the deficit court fees, as demanded by the Registry. Only after the deficit court fees has been paid, the certified copy be issued and the order will be uploaded and not until then.

                               (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                 CHIEF JUSTICE                                             JUDGE
                         VPA