Madhya Pradesh High Court
Pramod Singh vs The State Of Madhya Pradesh on 5 October, 2020
Author: Vishal Mishra
Bench: Vishal Mishra
1
THE HIGH COURT OF MADHYA PRADESH
WP.14758.2020.
(Pramod Singh Vs. State of M.P. )
GWALIOR; dated 05.10.2020.
Shri D.S.Raghuvanshi, learned counsel, for the petitioner.
Shri Vishal Tripathi, learned GA, for the respondent /State.
In the wake of unprecedented and uncertain situation due to outbreak of the Novel Corona virus (COVID-19) and considering the advisories issued by the Government of India, this application has been heard and decided through video conferencing to maintain social distancing. The parties are being represented by the respective counsels through video conferencing, following the norms of social distancing/ physical distancing in letter and spirit.
Issue notice to the respondents on payment of process fee within three working days by RAD as well as ordinary mode returnable within four weeks, failing which, this petition shall stand dismissed without reference to the court.
Counsel for the petitioner submits that the order impugned annexure P/1 dated 24.9.2020 has been passed on the basis of earlier oeder dated 30.7.2009. It is argued that vide order annexure P/2, absorption of the petitioner has already been done. It is submitted that order dated 30.7.2009 was put to challenge in earlier round of litigation wherein, an order has been passed on 18.8.2009 quashing the order dated 30.7.2009, in WP.Nos.3508.09 (S), 3566.09 (S), 3551.09 (S0 and 3469.09 (S). However, liberty was extended to the state to file review petition. Subsequently, a review petition was preferred by the State which has also been dismissed by the court vide order dated 6.9.2016 passed in Review Petition No.298 of 2009. It is argued 2 THE HIGH COURT OF MADHYA PRADESH WP.14758.2020.
(Pramod Singh Vs. State of M.P. ) that the impugned order dated 30.7.2009 has already been quashed by this court as stated herein above and in pursuance to this order, State Govt. has already withdrawn the said order vide orders dated 31.10.2009/3.11.2009. It is further submitted that since the order dated 30.7.2009 has already been quashed by this court, the order impugned annexure P/1 dated 24.9.2020 could not have been passed.
Considering the aforesaid facts and circumstances of the case, effect and operation of the impugned order annexure P/1 dated 24.9.2020 so far as it relates to petitioner herein, is stayed till next date of hearing.
List this case in the week commencing 9.11.2020. CC as per rules.
(Vishal Mishra) Judge Rks.
RAM KUMAR SHARMA 2020.10.05 17:12:22 +05'30'