Judgment:
WP No.20712/2013 11/02/2014 Smt.
Anchala Gupta, learned counsel for the petitioner.
Shri Puneet Shroti, learned counsel for the respondents.
Though this writ petition was admitted, notices were issued to the respondents, but no return whatsoever has been filed.
This Court has already stayed the recovery initiated against the petitioner vide order dated 4.12.2013.
Learned counsel appearing for the respondents prayed for some more time to seek instructions and to file return.
The said prayer is opposed by the learned counsel for the petitioner on the ground that the issue is already covered by a decision rendered by this Court in W.P.No.5680/2009 (s) – Dinkar Pratap Singh Chauhan and others versus State of M.P.and others decided by a Coordinate Bench of this Court at Gwalior on 23.3.2011.
It is further pointed out that writ appeal was preferred against that order by the State Government vide WA No.361/2011, which too ws dismissed by the Division Bench of this Court at Gwalior on 27.7.2011.
The State Government then preferred an appeal against the said orders of the Division Bench in the Apex Court, but the SLP (Civil) No.31673/2011 was also dismissed on 15.4.2013.
That being so, it is contended that no useful purpose would be served by granting further opportunity to the respondents to file reply or return in this petition.
Considering the aforesaid facts and circumstances of the case and the order passed by the Coordinate Bench of this Court at Gwalior, this writ petition is allowed.
The impugned order dated 13.11.2013 (Annexure P2) is hereby quashed.
The petitioner herein would be entitled to the same benefits as have been extended by this Court in the case of Dinkar Pratap Singh Chauhan and others (supra) and the order passed in the said case would be applicable mutatis mutandis in the case of the present petitioner.
The writ petition is allowed and disposed of.
However, there shall be no order as to costs.
(K.K.Trivedi) Judge shukla-