D.K. Dwivedi vs The State Of Madhya Pradesh
2024 Latest Caselaw 15373 MP

Madhya Pradesh High Court

D.K. Dwivedi vs The State Of Madhya Pradesh on 22 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 22 nd OF MAY, 2024
                                          WRIT PETITION No. 13848 of 2024

                          BETWEEN:-
                          D.K. DWIVEDI S/O LATE SHRI DAMODAR PRASAD
                          DWIVEDI, AGED ABOUT 68 YEARS, OCCUPATION: RETD.
                          ASST. ENGINEER R/O H.NO. 1777/2 SUBHADRA KUMARA
                          CHOUHAN WARD, NEAR ARUN DAIRY WRIGH TOWN
                          JABALPUR    TEHSIL AND       DISTRICT JABALPUR
                          (MADHYA PRADESH)

                                                                              .....PETITIONER
                          (BY SHRI DHIRYAKANT DUBEY - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                PRINCIPAL SECRETARY DIRECTORATE OF
                                URBAN ADMINISTRATION AND DEVELOPMENT
                                DEPARTMENT, VALLABH BHAWAN, BHOPAL
                                (MADHYA PRADESH)

                          2.    COLLECTOR,  JABALPUR DISTRICT JABALPUR
                                (MADHYA PRADESH)

                          3.    COMMISSIONER, MUNICIPAL CORPORATION
                                J A B A L P U R DISTRICT JABALPUR (MADHYA
                                PRADESH)

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

                          5.    PENSION   SUPERINTENDENT,    MUNICIPAL
                                CORPORATION JABALPUR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (BY SHRI B.D. SINGH - DEPUTY ADVOCATE GENERAL FOR
Signature Not Verified
Signed by: CHRISTOPHER
PHILIP
Signing time: 5/27/2024
12:57:41 PM
                                                               2
                          RESPONDENTS NO.1 AND 2 )

                                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
                          C