Santokh Singh Reelh (Dead) Thr. Lrs. ... vs Collector
2024 Latest Caselaw 16285 MP

Madhya Pradesh High Court

Santokh Singh Reelh (Dead) Thr. Lrs. ... vs Collector on 30 May, 2024

Author: Vishal Mishra

Bench: Vishal Mishra

                                                                    1
                           IN     THE        HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                         HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 30 th OF MAY, 2024
                                              WRIT PETITION No. 18348 of 2019

                    BETWEEN:-
                    1.     SANTOKH SINGH REELH (DEAD) THR. LRS. NAVINDER
                           REELH W/O LATE SHRI SANTOKH SINGH REELH, AGED
                           ABOUT 72 YEARS, OCCUPATION: HOUSE WIFE C-72 TAJUL
                           TOWNSHIP P TILEHAN JABALPUR (MADHYA PRADESH)

                    2.     SANDEEP REELH S/O LATE SHRI SANTOKH SINGH REELH,
                           AGED ABOUT 40 YEARS, C-72 TAJUL TOWNSHIP P TILEHAN
                           JABALPUR (MADHYA PRADESH)

                                                                                               .....PETITIONERS
                    (BY SHRI SITARAM GARG - ADVOCATE )

                    AND
                    1.     THE COLLECTOR JABALPUR                  DISTRICT        JABALPUR
                           (MADHYA PRADESH)

                    2.     UNION OF INDIA THROUGH SECRETARY MINISTRY OF
                           HOME AFFAIRS, NORTH BLOCK NEW DELHI - 110001.

                                                                                              .....RESPONDENTS
                    (BY SHRI V.P.TIWARI - GOVERNMENT ADVOCATE)

                           This petition coming on for admission this day, the court passed the following:
                                                                ORDER

This petition is filed seeking the following reliefs:-

"(A) That this Hon'ble Court may kindly be pleased to issue a writ in the nature of certiorari and command the respondents to assess the Ex-gratia amount of the petiitoner keeping in view of the circular Dt. 16-01-2006 and pay 10 times for the loss of commercial property along with the interest 12% by deducting the amount if already paid.

(B) That this Hon'ble High Court may kindly be pleased to quash the order passed in Case No.6942/Danga Pidit-84/2017 and grant relief as given in rehalbilitation package which is extended to similarly situated persons to

maintain "Equality Before Law".

(i i i ) To direct the respondents to decide the petitioner's representation (Annexure P-09). In the light of rehabilitation package.

(iv) Any other order/direction which this Hon'ble Court deemed fit and proper."

2. Counsel appearing for the petitioners has brought to the notice of this court an order passed by this court in W.P. No.4620 of 2018 (Amarjeet Singh v. State of M.P. & Ors.) which was disposed off vide order dated 04.01.2024. He submits that matter is squarely covered by the judgment and facts of the case are identical to the facts of the present case.

3. In view of the submission made by counsel for the petitioners, this petition is disposed off with a direction to the respondent No.2 - Collector to consider and decide

the pending representations of the petitioner (Anneuxre P-9 and P-11) in the light of the order passed by this court in W.P. No.4620 of 2018 (Amarjeet Singh v. State of M.P. & Ors.) and examine the case. If the case of the petitioners is exactly identical to that of the aforesaid case which has been decided by this court, the benefits be extended to the petitioners also. The exercise be completed within a period of 60 days.

4. It is made clear that this court has not expressed any opinion on merits.

5. Accordingly, the writ petition is disposed off.

(VISHAL MISHRA) JUDGE AM