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Subhash Bende Vs. the State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Keshav Kumar Trivedi

Subhash Bende vs The State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Keshav Kumar Trivedi

Type Court Judgment Court Madhya Pradesh Decided Jan 07, 2014
~2 min read
https://sooperkanoon.com/case/1120182

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Citation
Court
Madhya Pradesh High Court
Decided On
Subject
Education

Case Summary

AI-generated summary - not the official court judgment text.

Education

Key legal issue
Education

Parties & Advocates

Appellant / Petitioner

Subhash Bende

Advocate Shri. A.K.Tiwari

Respondent

The State of Madhya Pradesh Judgement Given By: Hon'ble Shri Justice Keshav Kumar Trivedi

Excerpt

w.p.no.8064/2013 07.01.2014 shri a.k.tiwari, learned counsel for the petitioner. shri amit sharma, learned panel lawyer for the respondents. though notices were issued on the last occasion to the respondents, but no return is filed by them. a prayer is made by learned panel lawyer for grant of some more time to seek instructions and file a return. such a prayer is opposed by learned counsel for the petitioner, stating that similar claims were considered by this court in the case of prakash limje versus state of m.p.and others.w.p.no.15242/2005, which has been disposed of finally on 9.1.2012. the order passed in the case of prakash limje (supra) is looked into. this court has considered the aspect that after a decision by the apex court in the case of state of maharashtra versus milind & others.the state government has evolved a new policy on 7.3.2011. certain benefits have been extended to those who belong to halba/koshti community, as are granted to the members of the scheduled tribe community. this court in the case of prakash limje (supra) has directed the state government to reconsider the claim of persons like petitioner on the anvil of the policy dated 7.3.2011 afresh and to decide the claim of persons like petitioner within a stipulated time. this being so, since the fact relating to framing of the policy has not been disputed, it would be appropriate to direct the respondents to consider the case of the petitioner in the present case also in terms of the directions of this court issued in the case of prakash limje (supra).let it be done within a period of three months from the date of receipt of certified copy of the order passed today. the directions contained in the order passed by this court in the case of prakash limje (supra) would be applicable in the case of the petitioner mutatis mutandis. with the aforesaid, the writ petition stands disposed of finally. certified copy as per rules. (k.k.trivedi) judge a.praj.

Full Judgment

W.P.No.8064/2013 07.01.2014 Shri A.K.Tiwari, learned counsel for the petitioner.

Shri Amit Sharma, learned Panel Lawyer for the respondents.

Though notices were issued on the last occasion to the respondents, but no return is filed by them.

A prayer is made by learned Panel Lawyer for grant of some more time to seek instructions and file a return.

Such a prayer is opposed by learned counsel for the petitioner, stating that similar claims were considered by this Court in the case of Prakash Limje versus State of M.P.and otheRs.W.P.No.15242/2005, which has been disposed of finally on 9.1.2012.

The order passed in the case of Prakash Limje (supra) is looked into.

This Court has considered the aspect that after a decision by the Apex Court in the case of State of Maharashtra versus Milind & otheRs.the State Government has evolved a new policy on 7.3.2011.

Certain benefits have been extended to those who belong to Halba/Koshti community, as are granted to the members of the Scheduled Tribe community.

This Court in the case of Prakash Limje (supra) has directed the State Government to reconsider the claim of persons like petitioner on the anvil of the policy dated 7.3.2011 afresh and to decide the claim of persons like petitioner within a stipulated time.

This being so, since the fact relating to framing of the policy has not been disputed, it would be appropriate to direct the respondents to consider the case of the petitioner in the present case also in terms of the directions of this Court issued in the case of Prakash Limje (supra).Let it be done within a period of three months from the date of receipt of certified copy of the order passed today.

The directions contained in the order passed by this Court in the case of Prakash Limje (supra) would be applicable in the case of the petitioner mutatis mutandis.

With the aforesaid, the writ petition stands disposed of finally.

Certified copy as per rules.

(K.K.Trivedi) Judge A.Praj.

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