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Madhya Pradesh Court July 2013 Judgments

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Jul 19 2013

Rituraj Upadhyay Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-19-2013

W.P.No.11489/2013 (Rituraj Upadhyay versus State of MP and otheRs.19.07.2013 Heard Shri Ghanshyam Verma, learned counsel for the petitioner on the question of admission and interim relief. The petitioner claims regularization on the post of Data Entry Operator and submits that similar orders as passed in W.P.No.2292/2011 (S).which was filed by the similarly placed persons and was disposed of by this court with a direction to the respondents to consider the representation of the petitioner, may also be passed in the present petition. In the instant case it is observed that the petitioner's representation Annexure P/6 dated 26.04.2013 is pending before the authority. In view of the aforesaid, the petition filed by the petitioner is disposed of with a direction to the effect that in case the petitioner furnishes a copy of the order passed today and a copy of the petition to the authority concerned, he shall consider and decide the same expeditiously, in accordance with law. However, it is...


Jul 19 2013

Smt. Anita Desmukh Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-19-2013

W.P.No.11479/2013 (Smt. Anita Desmukh versus State of MP and otheRs.19.07.2013 Heard Shri Rahul Tripathi, learned counsel for the petitioner on the question of admission and Shri Rahul Rawat, learned panel lawyer for the State on advance copy. The petitioner has filed this petition being aggrieved by the fact that the petitioner has not been called for selection for appointment on the post of Samvida Shala Shikshak Grade-III although the petitioner has cleared the eligibility test and possesses B.Ed. Degree. Similar petitions wherein the petitioners have raised the same issue, have been dismissed by this Court in the cases of Sanyogita Thakur and others v. State of M.P.and otheRs.reported in 2013 (2) MPLJ 20 and W.P.No.6129/2013 (S).decided on 15-4-2013 and in the circumstances this petition being identical, the same is also dismissed. The learned counsel appearing for the petitioner submits that in the case of Sanyogita Thakur (supra) this Court has made certain observations and, ther...


Jul 19 2013

The State of Madhya Pradesh Vs. Ramchandra Gangele

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.A.No.573/2013 W.A.No.574/2013 W.A.No.575/2013 W.A.No.576/2013, W.A.No.577/2013 19.7.2013 Shri Kumaresh Pathak, Dy.A.G.for appellants. Shri Manot Chansoriya, Counsel for respondents. As common question of law based on common facts is involved in W.A.No.573/2013-State of M.P.& others versus Rambabu Awasthi & otheRs.W.A.No.574/2013-State of M.P.& others versus Ravi Prakash Dixit, W.A.No.575/2013-State of M.P.& another versus Ramchandra Gangele, W.A.No.576/2013-State of M.P.& others versus Basharatulla Beg and W.A.No.577/2013- State of M.P.& another versus Salim Khan & otheRs.all the matters are being heard and decided analogously. As there is delay also in filing these appeals, prayer made in the application seeking condonation of delay is allowed. The delay in filing all the appeals is condoned. Learned counsel appearing for appellants submits that in the present case, the writ Court has directed for appointment of respondents on the post of LDC in terms of order passed by the M.P.St...


Jul 19 2013

Smt. Monica Sahagal Vs. Smt. Binu Dhir

Court: Madhya Pradesh

Decided on: Jul-19-2013

Smt. Monica Sahagal versus Smt. Binu Dhir & ORS.Review Petition No ::222. 19. 07.2013. Shri Ashish Shroti, learned counsel for the petitioner. Shri Avinash Zargar, learned counsel for the respondents. Seeking review/recall of an order passed by this Court on 27.2.2013 in W.P.No.9229/2012, this review application has been filed. In the writ petition, challenge was made to an order dated 24.2.2012 passed by the 6th Additional District Judge, Bhopal in Civil Suit No.42-A/2005 whereby an application filed by the petitioner for taking certain documents on record have been rejected. This Court did not find any error in the matter, therefore, rejected the writ petition. However, it is not pointed out before this Court that before filing the application for taking documents on record, which was considered by the trial court on 24.2.2012, certain photocopy of the documents where already available on record and, therefore, limited to that, i.e.for those documents photocopies of which were alread...


Jul 19 2013

Dr. Ishwar Shingh Thakur Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-19-2013

W.P.No.11481/2013 (Dr. Ishwar Singh Thakur versus State of MP and otheRs.19.07.2013 Heard Shri Krishna Kumar, learned counsel for the petitioner on the question of admission. The petitioner has filed this petition alleging that the respondents/ authorities are not complying with the order dated 23.05.2011 issued by the Chief Medical and Health Officer, Dindori whereby charge of the Community Health Centre was given. It is however, observed that the petitioner has directly approached this court without filing any representation before the authority concerned. In view of the aforesaid, the petition filed by the petitioner is disposed of with liberty to the petitioner to approach the authority concerned by filing a representation. It goes without saying that in case the petitioner does so along with a copy of the order passed today and a copy of the petition, the authority concerned shall consider and decide the same expeditiously, in accordance with law. With the aforesaid liberty/observ...


Jul 19 2013

Govind Das Yadav Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.P.No.12409/2013 19/07/2013 Shri Rajendra Shrivastava, learned counsel for the petitioner. Heard. Order dated 10.07.2013 is being assailed, whereby the petitioner's application for stay of operation of order dated 24.06.2013, has been rejected. By order dated 24.06.2013, Sub-Divisional Officer cum Prescribed Authority in a proceeding under Section 40(1) of M.P.Panchayat Raj Adhiniyam 1993 has found the petitioner guilty of charges of misuse of office in extending benefit to his son, accordingly the petitioner has been removed from the post of Sarpanch with a further disqualification for six yeaRs.Against the order of removal and disqualification the petitioner has preferred an appeal wherein an application for staying the order has been rejected by impugned order. After hearing the learned counsel and taking into consideration the nature of charges proved against the 2 W.P.No.12409/2013 petitioner and the provisions contained under Section 40(2) of Adhiniyam, 1993, no interference i...


Jul 19 2013

Anwar Anjum Khan Vs. the State of Madhya Pradesh

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.P.No.8939/2012 Anwar Anjum Khan versus State of M.P.& ORS.19.07.2013 Shri Mukhtar Ahmed learned counsel for the petitioner. Shri Rahul Rawat, learned Panel Lawyer, for the respondent/State. Heard on the question of admission. The petitioner has filed this petition being aggrieved by the fact that his claim for compassionate appointment on the death of the petitioner's father on 1.9.2011, who died while working as Sub Engineer in the Rani Awanti Bai Sagar, Left Canal Division No.2, Bargi Hills, Jabalpur, has been rejected by the respondent authorities on the ground that a succession case has been filed by the married sister of the petitioner. It is submitted by the learned counsel for the petitioner that in accordance with the policy of the State for compassionate appointment, a married daughter is disqualified for compassionate appointment and, therefore, there is no rival claim of the married sister as far as the claim of the petitioner for compassionate appointment is concerned a...


Jul 19 2013

The State of Madhya Pradesh Vs. Rambabu Awasthi

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.A.No.573/2013 W.A.No.574/2013 W.A.No.575/2013 W.A.No.576/2013, W.A.No.577/2013 19.7.2013 Shri Kumaresh Pathak, Dy.A.G.for appellants. Shri Manot Chansoriya, Counsel for respondents. As common question of law based on common facts is involved in W.A.No.573/2013-State of M.P.& others versus Rambabu Awasthi & otheRs.W.A.No.574/2013-State of M.P.& others versus Ravi Prakash Dixit, W.A.No.575/2013-State of M.P.& another versus Ramchandra Gangele, W.A.No.576/2013-State of M.P.& others versus Basharatulla Beg and W.A.No.577/2013- State of M.P.& another versus Salim Khan & otheRs.all the matters are being heard and decided analogously. As there is delay also in filing these appeals, prayer made in the application seeking condonation of delay is allowed. The delay in filing all the appeals is condoned. Learned counsel appearing for appellants submits that in the present case, the writ Court has directed for appointment of respondents on the post of LDC in terms of order passed by the M.P.St...


Jul 19 2013

The State of Madhya Pradesh Vs. Basharatullah Beg

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.A.No.573/2013 W.A.No.574/2013 W.A.No.575/2013 W.A.No.576/2013, W.A.No.577/2013 19.7.2013 Shri Kumaresh Pathak, Dy.A.G.for appellants. Shri Manot Chansoriya, Counsel for respondents. As common question of law based on common facts is involved in W.A.No.573/2013-State of M.P.& others versus Rambabu Awasthi & otheRs.W.A.No.574/2013-State of M.P.& others versus Ravi Prakash Dixit, W.A.No.575/2013-State of M.P.& another versus Ramchandra Gangele, W.A.No.576/2013-State of M.P.& others versus Basharatulla Beg and W.A.No.577/2013- State of M.P.& another versus Salim Khan & otheRs.all the matters are being heard and decided analogously. As there is delay also in filing these appeals, prayer made in the application seeking condonation of delay is allowed. The delay in filing all the appeals is condoned. Learned counsel appearing for appellants submits that in the present case, the writ Court has directed for appointment of respondents on the post of LDC in terms of order passed by the M.P.St...


Jul 19 2013

The State of Madhya Pradesh Vs. Salim Khan

Court: Madhya Pradesh

Decided on: Jul-19-2013

1 W.A.No.573/2013 W.A.No.574/2013 W.A.No.575/2013 W.A.No.576/2013, W.A.No.577/2013 19.7.2013 Shri Kumaresh Pathak, Dy.A.G.for appellants. Shri Manot Chansoriya, Counsel for respondents. As common question of law based on common facts is involved in W.A.No.573/2013-State of M.P.& others versus Rambabu Awasthi & otheRs.W.A.No.574/2013-State of M.P.& others versus Ravi Prakash Dixit, W.A.No.575/2013-State of M.P.& another versus Ramchandra Gangele, W.A.No.576/2013-State of M.P.& others versus Basharatulla Beg and W.A.No.577/2013- State of M.P.& another versus Salim Khan & otheRs.all the matters are being heard and decided analogously. As there is delay also in filing these appeals, prayer made in the application seeking condonation of delay is allowed. The delay in filing all the appeals is condoned. Learned counsel appearing for appellants submits that in the present case, the writ Court has directed for appointment of respondents on the post of LDC in terms of order passed by the M.P.St...


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