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Madhya Pradesh High Court

Sunetra Kelapure vs The State Of Madhya Pradesh on 30 April, 2024

Author: Vivek Agarwal

Bench: Vivek Agarwal

                                                            1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                      BEFORE
                                        HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                 ON THE 30 th OF APRIL, 2024
                                             WRIT PETITION No. 10590 of 2024

                           BETWEEN:-
                           SUNETRA KELAPURE W/O SHRI PRASHANT KELAPURE,
                           AGED ABOUT 59 YEARS, OCCUPATION: SERVICE R/O E-
                           7/550, ARERA COLONY, BHOPAL (MADHYA PRADESH)

                                                                                        .....PETITIONER
                           (BY SHRI NIKHIL SHARMA - ADVOCATE APPEARS THROUGH VIDEO
                           CONFERENCING)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 PRINCIPAL SECRETARY DEPARTMENT OF
                                 SOCIAL JUSTICE AND DISABLES WELFARE
                                 VALLABH   BHAWAN,  BHOPAL   (MADHYA
                                 PRADESH)

                           2.    THE COMMISSIONER SOCIAL JUSTICE AND
                                 DISABILITY WELFARE DEPARTMENT PATRAKA
                                 COLONY LINK ROAD - 3 BHOPAL (MADHYA
                                 PRADESH)

                           3.    SECRETARY GENERAL MIRIAM SCHOOL FOR
                                 THE MENTALLY HANDICAPPED B-BLOCK ASHA
                                 NIKETAN COMPLEX E-6 ARERA COLONY BHOPAL
                                 (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (SHRI VIVEK SHARMA - DEPUTY ADVOCATE GENERAL FOR THE
                           RESPONDENTS NO.1 AND 2-STATE)

                                 This petition coming on for admission this day, th e court passed the
                           following:
                                                             ORDER

Shri Nikhil Sharma, learned counsel for the petitioner appearing through Signature Not Verified video conferencing, submits that case of the petitioner is squarely covered by Signed by: PUSHPENDRA PATEL Signing time: 30-04-2024 19:40:02 2 the order dated 28th February, 2024 passed by the Indore Bench of this High Court in W.P. No.4098 of 2024 (Smt. Nisha Kulkarni and others Vs. The State of Madhya Pradesh and others). Said order is applicable mutatis mutandis to the facts and circumstances of the case and, therefore, a prayer is made that similar direction be issued in this case also.

Accordingly, since case of the petitioner is squarely covered by the aforesaid order, therefore the present writ petition is also disposed of on the same terms by holding that the order dated 28th February, 2024 passed by the Indore Bench of this High Court in W.P. No.4098 of 2024 (Smt. Nisha Kulkarni and others Vs. The State of Madhya Pradesh and others) will apply mutatis mutandis in the present case also, unless it is set aside in the writ appeal or the SLP. If the said order is not set aside in the writ appeal or the SLP then, the said benefit be extended in favour of the petitioner within a period of 30 days from the date of receipt of certified copy of this order.

In above terms, this writ petition is disposed of.

(VIVEK AGARWAL) JUDGE pp Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 30-04-2024 19:40:02