Kamal Kant Dave vs The State Of Madhya Pradesh
2024 Latest Caselaw 14865 MP

Madhya Pradesh High Court

Kamal Kant Dave 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. 13374 of 2024

                          BETWEEN:-
                          1.    KAMAL KANT DAVE S/O LATE SHRI MANI
                                SHANKAR DAVE, AGED ABOUT 68 YEARS,
                                OCCUPATION: RTD. ASSISTANT GRADE 1
                                DISTRICT COURT INDORE 58-B SUDAMA NAGAR
                                MAIN ROAD INDORE DISTRICT INDORE
                                (MADHYA PRADESH)

                          2.    SHANKAR LAL JOSHI S/O LATE SHRI MOHAN LAL
                                JOSHI, AGED ABOUT 67 YEARS, OCCUPATION:
                                RETIRED ASSISTANT GRADE 1 DISTRICT COURT
                                INDORE R/O 136 ANJANI NAGAR AIRODRUM
                                ROAD INDORE DISTRICT INDORE (MADHYA
                                PRADESH)

                          3.    RAM CHANDRA DUBEY S/O SHRI RAM LAL
                                DUBEY, AGED ABOUT 74 YEARS, OCCUPATION:
                                RETIRED ASSITANT GRADE DISTRICT COURT
                                INDORE R/O C, 112 SUKHALIYA INDORE
                                DISTRICT INDORE (MADHYA PRADESH)

                          4.    SATYA NARAYAN JOSHI S/O LATE SHRI RAJA
                                BHAU JOSHI, AGED ABOUT 61 YEARS,
                                OCCUPATION:  RTD   PEROSNAL ASSISANT,
                                DISTRICT COURT UJJAIN R/O B-3/6 MAHAKAL
                                VANIJYA KENDRA UJJAIN DISTRICT UJJAIN
                                (MADHYA PRADESH)

                          5.    BHERU SHANKAR VYAS S/O SHRI MOHAN LAL
                                VYAS, AGED ABOUT 72 YEARS, OCCUPATION: RTD
                                READER GRADE 1 DISTRICT COURT RATLAM
                                DISTRICT RATLAM R/O B46 DEENDAYAL NAGAR
                                RATLAM     DISTRICT    RATLAM     (MADHYA
                                PRADESH)

                                                                             .....PETITIONERS
Signature Not Verified
Signed by: MANVENDRA
SINGH PARIHAR
Signing time: 5/21/2024
3:04:10 PM
                                                         2
                          (BY SHRI A.K. CHOURASIYA - ADVOCATE)

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

                          2.    REGISTRAR GENERAL HIGH COURT OF MADHYA
                                P R A D E S H J A B A L P U R JABALPUR (MADHYA
                                PRADESH)

                          3.    DISTRICT     AND      SESSION     JUDGE
                                (ADMINISTRATION) DISTRICT COURT INDORE
                                INDORE (MADHYA PRADESH)

                          4.    DISTRICT     AND      SESSION   JUDGE
                                (ADMINISTRATION) DISTRICT COURT UJJAIN
                                UJJAIN (MADHYA PRADESH)

                          5.    DISTRICT     AND      SESSION     JUDGE
                                (ADMINISTRATION) DISTRICT COURT RATLAM
                                RATLAM (MADHYA PRADESH)

                                                                                    .....RESPONDENTS
                          (SHRI S.S. CHOUHAN - GOVERNMENT ADVOCATE FOR RESPONDENT
                          NO.1)

                                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
                          MSP