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Madhya Pradesh Court November 2012 Judgments

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Nov 09 2012

The State of Madhya Pradesh Vs. Ritesh Choudhary

Court: Madhya Pradesh

Decided on: Nov-09-2012

Writ Appeal No.1172/2012 9.11.2012 Shri Vijay Pandey, Dy. A.G.for appellants-State. Shri Arun Patel, Advocate for the respondent. This appeal is directed against an order-dated 15/11/2010 passed by learned Single Judge in W.P.No.16116/2010, by which writ petition filed by the respondent against the order of withdrawal of regular pay scale was allowed and the order-dated 29/1/2008 modifying the terms of appointment was quashed. The appellants-State has also filed an application I.A.No.13288/12 seeking condonation of delay. Learned counsel for the respondent submits that the impugned order has been passed on the basis of earlier orders of the Single Bench against which writ appeals bearing No.325/2011 (State of M.P.v. Avtar Singh Markam) and W.A.No.323/2011 (State of M.P.v. Pradeep Markam) were filed before the Division Bench, which were disposed of by a detailed order. It is submitted that this appeal may also be dismissed as it is also barred by time. I.A.No.13288/12 for condonation of...


Nov 09 2012

Shri M.R.C. Nayar Vs. Shri B.N. Rajput

Court: Madhya Pradesh

Decided on: Nov-09-2012

Shri M.R.C.Nayar versus Shri N.B.S.Rajput and another. 09.11.2012. Shri D.S.Choudhary for the applicant. Shri Anshuman Singh alongwith Shri D.S.Bundela, counsel for the non-applicants. Keeping in view the compliance report submitted by the non-applicants showing removal of the encroachment by the concerned person Sardar Niranjan Singh and taking note of the fact that the report is supported by the affidavit of the Deputy Commissioner of the Municipal Corporation and the photographs filed Annexure R/2 shows that the encroachment has been removed, no further indulgence into the matter is called for. The application is, therefore, disposed of with liberty to the applicant to initiate fresh proceedings in case he has any grievance in the matter still subsisting. Accordingly, the application stands disposed of. Certified copy as per rules. (RAJENDRA MENON) JUDGE Aks/-...


Nov 09 2012

Alok Verma Vs. Shri Bhawani Singh Ju Deo

Court: Madhya Pradesh

Decided on: Nov-09-2012

Writ Petition No.15890/12. 9.11.2012 Shri Rajneesh Jain, learned counsel for the petitioner. He is heard on the question of admission. The petitioner posted as Tahsildar at Raj Nagar District Chhatarpur, who is also the Officer-in-Charge of the impugned Civil Suit, has filed this petition for quashment of some part of the orders dated 17.8.2012 and (Annexure-P-4) and 7.9.2012 (Annexure-P-7) passed by Ist Additional District Judge Chhatarpur, in Civil Original Suit No.08/12, whereby considering the prayer of the counsel of the respondent no.3-State in giving the adjournment on aforesaid both the dates the cost of Rs.1500/- and Rs.3,500/- respectively have been imposed and by subsequent order the direction to bear the sum of the aforesaid both the cost by the petitioner, has been given. It is apparent fact in the matter that the petitioner being Tahsildar was appointed by the competent Authority as Officer-In-Charge of the aforesaid Civil Original Suit. Pursuant to that, he had to come f...


Nov 09 2012

Silas Rajesh Lal Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

...1.. wp no.15053/08 HIGH COURT OF MADHYA PRADESH PRINCIPAL SEAT AT JABALPUR (M.P.) Writ Petition No.15053 o1. Silas Rajesh Lal S/o late Shri Harrison Lal aged 46 years R/o Peeli Kothi, 1017, Napier Town, Jabalpur (M.P.) 2. Pankaj Kant Boro, 47 yrs, S/o late Mr.A.A.Boro R/o 214, North Civil Line, Jabalpur (M.P.0 3. Mangal Das aged 60 yrs S/o late Mr.Kishan Das, r/o English Methodist Church Compound, Near III rd Bridge, Jabalpur (M.P.) 4. Victor R/o 94, Napier Town, Jabalpur (M.P.) 5. V.W.Lal R/o 606/A, Napier Town, Hawabagh Post Office, Gorakhpur, Jabalpur (M.P.) 6. Hemant Kumar Lal, aged 58 years S/o late S.R.Velington Lal, R/o Dr.Barat Compound, Jabalpur (M.P.) 7. Noel Pinth S/o late A.W.Pinth, 2001, Ekta Vihar, Ratan Nagar Road, Madan Mahal, Jabalpur (M.P.) 8. Arun Nelson S/o Nelson Revalal, aged 50 years R/o House No.683, Isai Mohalla, Gorakhpur, Jabalpur (M.P.) 9. Arvind Kumar aged 30 years S/o S.Kumar, 1017, Napier Town, Jabalpur (M.P.) 10. Mrs.Beaulah Das, aged 23 years, E.K.Vi...


Nov 09 2012

MangaldIn Napit Verma Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

Mangaldin Napit (Verma) versus State of MP and otheRs.09.11.2012. Shri Rajesh Dubey for the petitioner. Shri S.S.Bisen, Government Advocate, for the State on advance notice. Petitioner claims to be working in the respondents establishment since 31.12.1988 and has filed this petition seeking regularization in service. Keeping in view the principle laid down by the Supreme Court, in the case of Secretary, State of Karnataka and others versus Umadevi (3) and otheRs.(2006) 4 SCC 1.and the policy formulated by the State Government subsequent thereof, for considering the claim of employees for regularization, respondents are directed to consider the case of the petitioner for regularization in accordance to the Scheme formulated as per the directives issued by the Supreme Court, in the case of Umadevi (supra) and decide the claim of the petitioner by a speaking order within a period of three months from the date of receipt of certified copy of this order. Petition stands disposed of with the...


Nov 09 2012

Anoop Kumar Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

Anoop Kumar Mishra versus State of MP and otheRs.09.11.2012. Shri P.K.Singh Sengar for the petitioner. Shri S.S.Bisen, Government Advocate, for the State on advance notice. Petitioners father Late Shri Narayan Das Mishra was working in the PWD and he died in harness, as is evident from the death certificate Annexure P/1, on 29.5.2012. Petitioner had submitted the application and documents seeking compassionate appointment as is seen from Annexure P/4, dated 29.6.2012; and, vide Annexure P/5 on 1.8.2012. Grievance of the petitioner is that till date no action is taken and the claim of the petitioner has not been considered and decided. In view of the above, for the present without entering into the controveRs.on merits, respondents are directed to consider and decide the application submitted by the petitioner within a period of three months from the date of receipt of certified copy of this order. Accordingly, the petition stands disposed of. Certified copy as per rules. (RAJENDRA MEN...


Nov 09 2012

Smt. Manisha JaIn Vs. M.P. Housing Board

Court: Madhya Pradesh

Decided on: Nov-09-2012

W.P.No.18823 / 2012 (Smt. Manisha Jain..Vs..MP Housing Board, Bhopal & another) 09-11-2012 Shri Jaideep Sirpurkar, learned counsel for the petitioner. Shri Rakesh Jain and Shri Rohit Jain, learned counsel for the respondents. Heard on the question of admission and interim relief. The petitioner has filed this petition being aggrieved by the order dated 3-10-2012 passed by the respondent No.2, the Estate Officer, M.P.Housing Board, Chhindwara Division, Chhindwara whereby the respondents are seeking to recover a sum of Rs.32,74,903/- as consideration for Housing Board HIG residential house constructed by the Housing Board which had been initially allotted by them for a sum of Rs.15.67 lacs which has already been paid by the petitioner. The petitioner submits that the price of the HIG accommodation has been increased only on account of the Collector rate which has been recently notified for the purposes of registration and stamp duty which is not permissible as the authorities are only re...


Nov 09 2012

Daya Ram Mishra Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

W.P.No.19114/2012 (Dayaram Mishra versus State of M.P.& ors.) 09.11.2012 Shri Mohan Sausarkar, learned counsel for the petitioner. Shri S.K.Shrivastava, learned Panel Lawyer for the respondent/State on advance copy. The petitioner has filed this petition being aggrieved by order dated 31.10.2012 passed by the Collector, Mandla, whereby on the basis of a report submitted by a team constituted by the Collector, certain complaints against the petitioner have been prima facie found to be true and on that basis an FIR has been directed to be lodged against the petitioner by the Collector. It is submitted that against the order of the Collector, the petitioner has approached the Commissioner, Urban Administration and Development Department, Bhopal by filing a representation on 02.11.2012, on the ground that the impugned order has been passed without giving any opportunity of hearing or notice to the petitioner in respect of the complaints, but the said authority has not taken any action on t...


Nov 09 2012

Abhay Kumar Dwivedi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

Abhay Kumar Dwivedi versus State of MP and three otheRs.09.11.2012. Shri V.D.S.Chouhan for the petitioner. Shri S.S.Bisen, Government Advocate, for the State on advance notice. Petitioner claims to be appointed as an Operation Theatre Attendant and not it is his grievance that vide order Annexure P/1 petitioner is granted certain additional duties apart from the work of Operation Theatre Attendant. It is stated that the work allotted to the petitioner in the Out Patient Department is contrary to the appointment of the petitioner in the OT Department and, therefore, he has filed this writ petition. Shri S.S.Bisen, learned Government Advocate, submits that Annexure P/1 impugned in this writ petition is only an allocation of work order and the same does not call for any interference. Having heard learned counsel for the parties, I see no reason to interfere into the matter. Petitioner may be an Operation Theatre Attendant, as certain work of attending to the Out Patient Department is als...


Nov 09 2012

Chandramani Tripathi Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Nov-09-2012

Chandramani Tripathi versus State of MP and three otheRs.09.11.2012. Shri S.P.Gupta for the petitioner. Shri S.S.Bisen, Government Advocate, for the State on advance notice. Petitioner is working as Assistant Grade III and is posted in Pench Tiger Reserve, Seoni. On 6.7.2009, petitioner was transferred to Chhindwara Forest Circle, Chhindwara. Petitioner challenged the said transfer by filing writ petition before this Court being W.P.No.7917/2009(S).which was dismissed on 17.8.2009. Thereafter, a writ appeal preferred by the petitioner was also dismissed, but inspite of the fact that petitioner was transferred and the writ petition and the writ appeal filed were dismissed petitioner was not relieved and he continued to work at Seoni upto 22.12.2011. He was proposed to be relieved after a period of two yeaRs.Petitioner again challenged this relieving by filing writ petition before this Court and the same was also disposed of and no relief was granted to the petitioner. It is the case of ...


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