Madhya Pradesh High Court
The State Of Madhya Pradesh vs Dinesh Kumar Sharma on 22 January, 2025
Author: Gurpal Singh Ahluwalia
Bench: G. S. Ahluwalia
NEUTRAL CITATION NO. 2025:MPHC-GWL:1241
1 WA-2010-2023
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SHRI JUSTICE RAJENDRA KUMAR VANI
WRIT APPEAL No. 2010 of 2023
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
DINESH KUMAR SHARMA
Appearance:
Shri Shailendra Singh Kushwaha- Government Advocate for
appellants/State.
Shri Purushottam Lal Sharma -Advocate for the respondent.
Reserved on : 20.01.2025
Pronounced on : 22.01.2025
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ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ appeal, under section 2(1) of the M.P. Uchcha Nyayalaya (Kand
Nyaypeeth Ko Appeal) Adhiniyam, 2005 has been filed against the order dated
11/8/2023 passed by learned Single Judge in W.P. No.6524/2015, by which the
petition filed by respondent has been disposed of in the light of judgment passed
by co-ordinate Bench of this Court in the case of S.N.Rathi S/o Kishangopalji Vs.
State of M.P. and others in W.P. No.5467/2017.
2. It is submitted by counsel for appellants that judgement passed in the
NEUTRAL CITATION NO. 2025:MPHC-GWL:1241
2 WA-2010-2023
case of S.N.Rathi (Supra) is under challenge before Supreme Court and by order
dated 26/10/2020 passed in Special Leave to Appeal (C) No. 8779/2020, contempt
proceedings have been stayed. Therefore, it is submitted that the order passed by
learned Single Judge should be set aside.
3. Considered the submissions made by counsel for appellants.
4. A specific question was put to counsel for appellants that as to whether
effect and operation of the orders passed in the case of S.N.Rathi (Supra) and
order dated 12/03/2020 passed by Division Bench of this Court in the case
of Principal Secretary Veterinary Department Vs. S.N.Rathi and another in W.A.
No. 418/2019 (Indore Bench), have been stayed or not?
5. It is fairly conceded by counsel for appellants that effect and operation of
the aforesaid orders have not been stayed by the Supreme Court and only
contempt proceedings have been stayed.
6. Under these circumstances, this Court is of considered opinion that for
the time being it is not necessary to keep this appeal pending sine die till final
conclusion of Special Leave to Appeal (C) No. 8779/2020. Accordingly, this writ
appeal is disposed of with the following directions:-
(i) Respondent shall furnish an undertaking to the effect that in case order
passed by co-ordinate Bench of this Court in the case of S.N.Rathi (Supra) is set
aside by Supreme Court, then he would return all the monetary benefit within one
month from the date of judgment in Special Leave to Appeal (C) No. 8779/2020,
otherwise he would be liable to return the aforesaid amount with interest at the rate
of 7% per annum.
NEUTRAL CITATION NO. 2025:MPHC-GWL:1241
3 WA-2010-2023
(ii) If respondent prays for execution of order under challenge and furnishes
the aforesaid undertaking, then monetary benefit shall be released and if
undertaking is not submitted, then appellants shall not release the monetary
benefit till judgment in Special Leave to Appeal (C) No. 8779/2020 is passed by
the Supreme Court.
(iii) If the appeal filed in Supreme Court (Special Leave to Appeal (C) No.
8779/2020) is dismissed, then the undertaking given by the respondent shall
automatically come to an end.
(iv) In case the appeal is allowed and order passed by co-ordinate Bench in
the case of S.N.Rathi (Supra) is set aside and the amount is not returned by
respondent within a period of three months (i.e. within a period of one month
without any interest and within three months with interest at the rate of 7% per
annum), then the appellants shall be free to initiate proceedings for contempt of
Court.
7. With aforesaid observations, this writ appeal is finally disposed of.
(G. S. AHLUWALIA) (RAJENDRA KUMAR VANI)
JUDGE JUDGE
(and)
