Madhya Pradesh High Court
The State Of Madhya Pradesh vs Madan Lal Bardele on 3 February, 2017
WA-95-2017
(THE STATE OF MADHYA PRADESH Vs MADAN LAL BARDELE)
03-02-2017
Parties through their counsel.
Heard on I.A. No.1385/2017, an application for condonation of delay.
There is a delay of 50 days in filing the appeal. For the reason stated in the application, I.A. is allowed. Delay in filing the appeal is hereby condoned.
Having heard learned counsel for the parties, we are of the considered view that the learned writ court has correctly decided the question of recovery after following the mandate of the law laid down in the case of State of Punjab and other Vs. Rafique Masih (white washer) reported in (2015) 4 SCC 334) and the undertaking given by the petitioner for permitting the recovery will not come in the way and law laid down by the Supreme Court in the case of High Court of Punjab and Haryana vs. Jagdev Singh, Civil Appeal No.350/2006, decided on 29.07.2006 will not apply in the case of the present petitioner as their undertaking does not need the requirement as are contemplated by the Supreme Court in the case of Jagdev Singh (Supra). Accordingly, finding no order with the order passed by the learned Writ Court, no ground to interfere in the petition, hence,the petition stands dismissed.
(RAJENDRA MENON) (SMT. ANJULI PALO) ACTING CHIEF JUSTICE JUDGE ak