Ku. Madhu Shrivastava vs The State Of Madhya Pradesh
2024 Latest Caselaw 14858 MP

Madhya Pradesh High Court

Ku. Madhu Shrivastava vs The State Of Madhya Pradesh on 17 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 17 th OF MAY, 2024
                                            WRIT PETITION No. 13477 of 2024

                          BETWEEN:-
                          KU. MADHU SHRIVASTAVA D/O LATE SHRI VIRENDRA
                          KUMAR SHRIVASTAVA, AGED ABOUT 63 YEARS,
                          OCCUPATION:   RETIRED     EMPLOYEE      EXCISE
                          DEPARTMENT DISTRICT SAGAR R/O NEAR JAIN
                          TEMPLE GOPALGANJ DISTRICT SAGAR (MADHYA
                          PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI VISHAL PATERIYA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE    PRINCIPAL  SECRETARY   EXCISE
                                DEPARTMENT VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    STATE OF MADHYA PRADESH THROUGH THE
                                PRINCIPAL SECRETARY FINANCE DEPARTMENT
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          3.    THE ASSISTANT EXCISE COMMISSIONER, SAGAR
                                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 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