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The State of Madhya Pradesh Vs. N.K. Sharma - Court Judgment

SooperKanoon Citation

Court

Madhya Pradesh High Court

Decided On

Appellant

The State of Madhya Pradesh

Respondent

N.K. Sharma

Excerpt:


.....challenging the order-dated 30.11.2012, passed by the learned single judge of this court in writ petition no.19145/2012. the writ petition has been decided in the light of the order passed in the case of vajra sen jain versus state of mp and others.writ petition no.824/2004(s).decided by the gwalior bench of this court on 15.9.2009. it is clear from the records that against the order passed in the writ petition filed by vajra sen jain, a writ appeal was filed before a division bench of this court and by judgment dated 9.2.2011 passed in writ appeal no.282/2010, the appeal of the state government was dismissed. a review filed being r.p.no.193/2011 was also dismissed on 20.11.2011 and thereafter the slp filed has also been dismissed by the supreme court as is evident from annexure a/7. as the order passed by the learned single judge at gwalior is based on the judgment rendered in the case of vajra sen jain (supra) and as the said judgment is affirmed by the division bench in writ appeal no.282/2010, we see no reason to interfere into the matter. the writ appeal is, therefore, dismissed. ( s.a.bobde ) ( rajendra meno.) chief justice judge aks/-

Judgment:


WRIT APPEAL NO ::

184. / 2013 State of Madhya Pradesh and others versus N.K.Sharma and others 06.03.2013.

Shri Sanjay Dwivedi, Government Advocate, for the appellants/State.

This writ appeal has been filed by the State Government challenging the order-dated 30.11.2012, passed by the learned Single Judge of this Court in Writ Petition No.19145/2012.

The writ petition has been decided in the light of the order passed in the case of Vajra Sen Jain versus State of MP and otheRs.Writ Petition No.824/2004(S).decided by the Gwalior Bench of this Court on 15.9.2009.

It is clear from the records that against the order passed in the writ petition filed by Vajra Sen Jain, a writ appeal was filed before a Division Bench of this Court and by judgment dated 9.2.2011 passed in Writ Appeal No.282/2010, the appeal of the State Government was dismissed.

A review filed being R.P.No.193/2011 was also dismissed on 20.11.2011 and thereafter the SLP filed has also been dismissed by the Supreme Court as is evident from Annexure A/7.

As the order passed by the learned Single Judge at Gwalior is based on the judgment rendered in the case of Vajra Sen Jain (supra) and as the said judgment is affirmed by the Division Bench in Writ Appeal No.282/2010, we see no reason to interfere into the matter.

The writ appeal is, therefore, dismissed.

( S.A.BOBDE ) ( RAJENDRA MENo.) CHIEF JUSTICE JUDGE Aks/-


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