Madhya Pradesh High Court

R.C. Maheshwari 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. 12016 of 2024

                          BETWEEN:-
                          R.C. MAHESHWARI S/O LATE SHRI MATHURA LAL
                          MAHESHWARI, AGED ABOUT 70 YEARS, OCCUPATION:
                          RETIRED SUPERINTENDING ENGINEER R/O 45
                          DWARIKAPURI KOTRA ROAD BHOPAL DISTRICT
                          BHOPAL (MADHYA PRADESH)

                                                                               .....PETITIONER
                          (BY SMT. SUDHA GAUTAM - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY WATER RESOURCES
                                DEPT. VALLABH BHAWAN BHOPAL DISTRICT
                                BHOPAL (MADHYA PRADESH)

                          2.    SECRETARY, WATER RESOURCE DEPARTMENT
                                VALLABH BHAWAN, BHOPAL DISTRICT BHOPAL
                                (MADHYA PRADESH)

                          3.    ENGINEER IN CHIEF, JAL SANSHADHAN VIBHAG
                                TULSI NAGAR BHOPAL (MADHYA PRADESH)

                          4.    DISTRICT PENSION OFFICEER, BHOPAL GAS
                                TRAGEDY RELIEF AND       REHABILITATION
                                D EPARTM EN T DISTRICT BHOPAL (MADHYA
                                PRADESH)

                          5.    DISTRICT    TREASURY     OFFICER, BHOPAL
                                DISTRICT BHOPAL (MADHYA PRADESH)

                          6.    S.E.S.A. SC OFFICER OF THE ENGINEER IN CHIEF
                                JAL     SANSHADHAN      VIBHAG TULSI NAGAR
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 5/21/2024
3:04:10 PM
                                                       2
                                 BHOPAL (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 petitioner 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
                          MSP