Shiv Kumar Rajput vs The State Of Madhya Pradesh
2025 Latest Caselaw 5827 MP

Madhya Pradesh High Court

Shiv Kumar Rajput vs The State Of Madhya Pradesh on 21 March, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

         NEUTRAL CITATION NO. 2025:MPHC-JBP:14071




                                                                 1                               WP-9496-2025
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                    AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                   ON THE 21st OF MARCH, 2025
                                                  WRIT PETITION No. 9496 of 2025
                                                 SHIV KUMAR RAJPUT
                                                        Versus
                                      THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Ms. Sudha Gautam - Advocate for petitioner.
                              Shri Lalit Joglekar - Government Advocate for respondents/State.

                                                                     ORDER

This petition is filed challenging the order dated 16.04.2024 (Annexure P/4) whereby the representation submitted by the petitioner in compliance of the order dated 07.02.2024 passed in W.P. No.3127/2020, has been rejected.

Counsel appearing for the petitioner has pointed out that the circular which has been relied upon by the respondents to decide the representation has already been quashed by this Court in the earlier round of litigation in W.

P. No.1688/2009 (Sarbar Khan v. State of M.P. and others) decided on 24.08.2009. Therefore, the same cannot be taken into consideration. She further submits that the case of the petitioner is squarely covered by the judgment passed by this Court in the case of Smita Shrivastava v. State of M.P. and others which has attained finality upto the Hon'ble Supreme Court by order dated 03.05.2024 passed in SLP (C) No. (S) 23966-23968 of 2022). Under these circumstances, petitioner's counsel prays that authority

NEUTRAL CITATION NO. 2025:MPHC-JBP:14071

2 WP-9496-2025 may be directed to reconsider the case of the petitioner and pass a fresh order.

State Counsel could not dispute the factum of passing of the order in the case of Sarbar Khan (supra) order dated 24.08.2009 (Annexure P/5) wherein the circular relied upon by the respondents was quashed by this Court holding holding them to be ultra vires. He fairly submits that the case of the petitioner will be reconsidered by the authorities in terms of the judgment passed by the Court in case of Smita Shrivastava (supra).

Under these circumstances, this petition is disposed off directing the respondent No.3 to reconsider the case of the petitioner in light of the judgment passed in the case of Smita Shrivastava (supra). Respondents are

further directed to take note of the order passed by this Court in W. P. No.1688/2009 order dated 24.08.2009.

In view of the aforesaid the impugned order dated 16.04.2025 (Annexure P/5) passed by the respondent No.3 is hereby quashed. The entire proceedings be completed within a period of 90 days from the date of receipt of certified copy of this order.

Needless to say this Court has not commented on merits of the matter. The petition stands disposed off.

(VISHAL MISHRA) JUDGE

L.Raj