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Keshav Prasad Patel vs The State Of Madhya Pradesh
2024 Latest Caselaw 14636 MP

Citation : 2024 Latest Caselaw 14636 MP
Judgement Date : 16 May, 2024

Madhya Pradesh High Court

Keshav Prasad Patel vs The State Of Madhya Pradesh on 16 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 16 th OF MAY, 2024
                                          WRIT PETITION No. 12789 of 2024

                          BETWEEN:-
                          1.    KESHAV PRASAD PATEL S/O LATE SHRI LAXMI
                                PRASAD PATEL, AGED ABOUT 63 YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER
                                FROM THE GOVT. MIDDLE SCHOOL VYOUHARI
                                BLOCK, GHANSOUR, DISTRICT SEONI MP R/O
                                VILLAGE AND POST VYOUHARI DISTRICT SEONI
                                (MADHYA PRADESH)

                          2.    SHAKUNTALA DHARYA W/O         LATE SHRI
                                BHAGWAT PRASAD DHARYA, AGED ABOUT 70
                                YEARS, OCCUPATION: HOUSE WIFE R/O HOUSE
                                NO.282, WARD NO.19 JAWAHAR WARD BESIDE OF
                                AERICATION OFFICE KHARI, DISTRICT MANDLA
                                (MADHYA PRADESH)

                          3.    SHAMBHU KUMAR THAKUR S/O LATE SHRI
                                SADHU SINGH THAKUR, AGED ABOUT 64 YEARS,
                                OCCUPATION: RETIRED ASSISTANT TEACHER
                                FROM THE GOVT. PRIMARY SCHOOL KESLI,
                                BLOCK GHUGHRI, DISTRICT MANDLA (M.P.) R/O
                                VILLAGE AND POST MUGDARA, DISTRICT
                                MANDLA (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI AJEET SINGH - ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH ITS
                                PRINCIPAL     SECRETARY TRIBAL WELFARE
                                DEPARTMENT R/O VALLABH BHAVAN BHOPAL
                                (M.P.) (MADHYA PRADESH)

Signature Not Verified
Signed by: NAVEEN KUMAR
SARATHE
Signing time: 5/21/2024
1:07:53 PM
                                                      2
                          2.    STATE OF MADHYA PRADESH THROUGH ITS
                                COMMISSIONER       TRIBAL     WELFARE
                                DEPARTMENT, 2ND FLOOR SATPURA BHAWAN
                                BHOPAL (MADHYA PRADESH)

                          3.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                DEPARTMENT NEAR COLLECTORATE BUILDING
                                MANDLA    DISTRICT  MANDLA    (MADHYA
                                PRADESH)

                          4.    ASSISTANT COMMISSIONER TRIBAL WELFARE
                                DEPARTMENT SEONI DISTRICT SEONI (MADHYA
                                PRADESH)

                          5.    BLOCK DEVELOPMENT OFFICER GHANSOUR,
                                DISTRICT SEONI (MADHYA PRADESH)

                          6.    BLOCK EDUCATION OFFICER MANDLA DISTRICT
                                MANDLA (MADHYA PRADESH)

                          7.    BLOCK    EDUCATION   OFFICER   GHUGHRI
                                DISTRICT MANDLA (MADHYA PRADESH)

                          8.    DISTRICT PENSION OFFICER SEONI DISTRICT
                                SEONI (MADHYA PRADESH)

                          9.    DISTRICT TREASURY OFFICER SEONI DISTRICT
                                SEONI (MADHYA PRADESH)

                          10.   DISTRICT PENSION OFFICER MANDLA DISTRICT
                                MANDLA (MADHYA PRADESH)

                          11.   DISTRICT   TREASURY  OFFICER   MANDLA
                                DISTRICT MANDLA (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
                          nks









 
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