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Madhya Pradesh High Court

Wind World India Ltd. Through Deputy ... vs The State Of Mp on 27 July, 2023

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                 AT INDORE
                                                    BEFORE
                                    HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 27 th OF JULY, 2023
                                              WRIT PETITION No. 139 of 2021

                           BETWEEN:-
                           WIND WORLD INDIA LTD. THROUGH DEPUTY
                           MANAGER ADMIN AND SECURITY (FOR BHOPAL
                           REGION)
                           SHRI SANTOSH KUMAR SHRIVASTAVA, REGISTERED
                           OFFICE & PLANT AT SURVEY NO. 33 DAMAN PATALIA
                           ROAD, BHIMPORE DAMAN (U.T.) - 396210

                                                                                       .....PETITIONER
                           (MS. MEHUL SHUKLA, LEARNED COUNSEL FOR THE PETITIONER .

                           AND
                           1.    THE STATE OF MP THROUGH COLLECTOR AGAR
                                 (MADHYA PRADESH)

                           2.    SUPERINTENDENT OF POLICE AGAR DISTRICT
                                 AGAR (MADHYA PRADESH)

                           3.    STATION HOUSE OFFICER POLICE STATION
                                 AGAR , DISTRICT AGAR (MADHYA PRADESH)

                           4.    RADHESHYAM SUTAR R/O: PACHARUNDI, TEHS.
                                 AGAR DISTRICT AGAR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                           (MS. PRANJALI YAJURVEDI APPEARING ON BEHALF OF RESPONDENT
                           NOS.1 TO 4)

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

The present petition is filed by the petitioner-company which is having wind turbine plant situated at village Mahudia, district Agar through which Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 28-07-2023 10:29:20 2 power is generated.

2. The grievance of the petitioner is that respondent No.4 created nuisance and hurdles in the working of the company for the purpose of extorting money. Because of the political intervention, the police is not taking any action in the matter.

3. The respondents have filed the reply that in relation to earlier complaint in the year 2016, the FIR was registered and after the investigation final report was submitted before the JMFC, Agar.

4. Counsel for the petitioner submits that after the said incident, again the respondent No.4 has stated interfering with the working of the petitioner-

company and is creating hurdles but no action is being taken by the police authorities. The petitioner has made a complaint to the concerned police station but no action was taken.The petitioner has also submitted a representation/complaint to the Superintendent of Police, Agar but no action has been taken on the same. Counsel has drawn attention of this Court to the complaint of the petitioner dated 28.7.2018 addressed to the S.P., Agar.

5. After hearing learned counsel for petitioner, the present petition is disposed of with liberty to the petitioner to submit a fresh complaint before the respondent No.2, S.P. Agar, district Agar within a period of 15 days from today and if such a representation/complainant is submitted within aforesaid stipulated period before the S.P., the respondent No.2/S.P. Agar shall take into consideration the complaint of the petitioner and take action in accordance with law within a period of one month from the date of receipt of representation/complaint of the petitioner.

C.c. as per rules.

Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 28-07-2023 10:29:20 3

(VIJAY KUMAR SHUKLA) JUDGE MK Signature Not Verified Signed by: MUKTA CHANDRASHEKHAR KOUSHAL Signing time: 28-07-2023 10:29:20