Sh. Uma Shanker Tiwari vs The State Of Madhya Pradesh
2024 Latest Caselaw 15470 MP

Madhya Pradesh High Court

Sh. Uma Shanker Tiwari 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. 13637 of 2024

                          BETWEEN:-
                          1.    SH. UMA SHANKER TIWARI S/O LATE SH. P.N.
                                TIWARI, AGED ABOUT 75 YEARS, OCCUPATION:
                                RETIRED SENIOR RESEARCH ASSISTANT T AND
                                CP BHOPAL FLAT NO. 7 ROOPAM APARTMENT E
                                ARERA COLONY LAJPAT SOCIETY ARERA
                                COLONY BHOPAL (MADHYA PRADESH)

                          2.    SMT. RACHNA TIWARI W/O SH. U.S. TIWARI,
                                AGED ABOUT 74 YEARS, OCCUPATION: RETIRED
                                DEPUTY DIRECTOR, T AND CP BHOPAL R/O FLAT
                                NO.7, ROOPAM APARTMENTS E-7/42, LALA
                                LAJPAT RAI SOCIETY ARERA COLONY, BHOPAL
                                (MADHYA PRADESH)

                                                                            .....PETITIONERS
                          (BY SHRI SHRIKRISHNA SHARMA - ADVOCATE)

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

                          2.    ADDITIONAL CHIEF SECRETARY       FINANCE
                                D EPARTM EN T VALLABH BHAWAN      BHOPAL
                                (MADHYA PRADESH)

                          3.    DIRECTOR, TOWN AND COUNTRY PLANNING
                                PARYAVARAN  PARISAR E-5, ARERA COLONY
                                BHOPAL (MADHYA PRADESH)

                          4.    DIVISIONAL JOINT DIRECTOR, BHOPAL AND
                                NARMADAPURAM DIVISION, TREASURY AND
Signature Not Verified
Signed by: ANINDYA
SUNDAR MUKHOPADHYAY
Signing time: 5/28/2024
3:52:01 PM
                                                               2
                                A C C O U N T S SATPURA       BHAWAN,        BHOPAL
                                (MADHYA PRADESH)

                                                                                       .....RESPONDENTS
                          (BY SHRI SUYASH THAKUR - 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 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
                          AM