Madhya Pradesh High Court
Damodar Patel vs The State Of Madhya Pradesh on 4 February, 2025
Author: Vivek Agarwal
Bench: Vivek Agarwal
NEUTRAL CITATION NO. 2025:MPHC-JBP:5417
1 WP-26986-2024
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VIVEK AGARWAL
ON THE 4th OF FEBRUARY, 2025
WRIT PETITION No. 26986 of 2024
SANJAY PANDEY AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sughosh Bhamore - Advocate for the petitioners.
Shri Ritwik Parashar - Government Advocate for respondents/State.
WITH
WRIT PETITION No. 28231 of 2024
DAMODAR PATEL AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Sughosh Bhamore - Advocate for the petitioners.
Shri Ritwik Parashar - Government Advocate for the respondents/State.
ORDER
Learned counsel for the petitioner submits that the present case is
squarely covered by order dated 28.01.2025 passed by this Court in Writ
Petition No. 2217 of 2025 and prays that the similar direction be issued
in this case also.
The order passed by this Court in Writ Petition No.2217 of 2025
reads as under:-
" Petitioner's contention is that, petitioner is aggrieved of
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order dated 21.11.2024 (Annexure P-9) passed by the respondent
No.1 in regard to up-dation of stock register etc. on Electronic Data
for the period when it was physically distributed due to the
Pandemic COVID-19.
Learned counsel for the petitioner places reliance on the
orders of this Court passed in W.P. No. 40481 of 2024 decided on
10.01.2025 and order dated 08.01.2025 passed by the Co-ordinate
Bench of this Court in W.P. No. 39382 of 2024 , seeking interim
relief saying that earlier also these directions were issued vide
Annexure P-7 & P-8 and they have not been followed.
Shri Vivek Sharma, learned Dy. Advocate General for the
respondents/State in his turn submits that, the only exercise which
is being now taken up is to upload the data in regard to
disbursement of food-grains in physical mode during the Pandemic
COVID-19 on the machine and after that enquiry which is to be
conducted in presence of the Manager of the Society besides other
members, a decision will be taken as to whether there is any
shortfall or excess of food-grains or not. He undertakes to direct the
authorities that once this exercise is completed and then, if any
action is purported to be taken against the petitioner, then, the
authority shall first issue a show-cause notice, give an opportunity
of hearing and then only take coercive measures.
After hearing learned counsel for the parties and going
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through the record, it is evident that, all the details are to be updated
on the POS Machine in terms of the previous circulars of the
Government dated 21.03.2020 and those issued from time to time.
Thus, in terms of the undertaking furnished by Shri Sharma,
learned Dy. Advocate General that records will be updated
electronically on POS Machine on the basis of the
acknowledgments obtained by the Fair Price Shops for distribution
of food-grains during COVID period in terms of the relevant
circulars, if there is any short-fall or excess before taking any
action, show-cause notice will be issued, giving them reasonable
opportunity to represent their case, I think that, this fact was not
brought to the notice of either the Co-ordinate Bench or this Court
where the orders were passed respectively on 08.01.2025 and
10.01.2025, therefore, this petition is disposed of, reserving a
liberty in favour of the respondents to update the data on POS
Machine and then take a call, but before taking any coercive action
as per the undertaking they will issue a notice to the petitioner and
take action after soliciting his/her reply by giving at least 15 days
time.
Even otherwise, in the light of the judgment of Hon'ble
Supreme Court in the case of Union of India & another Vs.
Kunisetty Satyanarayana (2006)12 SCC 28, writ petition is not
maintainable against a show-cause notice.
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In above terms, this writ petition is disposed of.''
Accordingly, these writ petitions can be disposed off with a
direction that the orders passed by this Court on 28.01.2025 in Writ
Petition No.2217 of 2025 shall be applicable mutatis mutandis to the
facts & circumstances of these cases.
In above terms, these writ petitions are disposed of.
(VIVEK AGARWAL)
JUDGE
AR
