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Madhya Pradesh High Court

M.P. Bricks Company vs The State Of Madhya Pradesh on 7 July, 2022

Author: Chief Justice

Bench: Chief Justice

                                                                         1
                                                 IN THE HIGH COURT OF MADHYA PRADESH
                                                              AT JABALPUR
                                                                  WP No. 3601 of 2021
                                                (M.P. BRICKS COMPANY Vs THE STATE OF MADHYA PRADESH AND OTHERS)

                                     Dated : 07-07-2022
                                           Shri Ranjeet Dwivedi - Advocate for the petitioner.

                                           Shri Amit Seth - Deputy Advocate General for the respondents/State.

Heard on I.A.No.1291 of 2022 - an application for vacating stay. By an ex parte order dated 02.03.2021, it was ordered that in the interregnum, no recovery pursuant to the impugned order dated 06.01.2018 (Annexure P-1) be made.

We have heard learned counsels.

Primarily, the petitioner questions the order of recovery of dead rent vide order dated 06.01.2018 (Annexure P-1). The lower authorities have rejected his plea. Therefore, we are of the view that the same requires a reconsideration. Since the demand made from the petitioner is for a sum of Rs.4,60,903/-, we deem it just and necessary to direct the petitioner to deposit the said amount with the respondents. However, the learned counsel for the petitioner submits that it is not possible for him to make the deposit.

Under the circumstances, we do not find it expedient to continue to stay the recovery of money. Primarily these are moneys due to the State and they are entitled to recover the same. Hence, the ex parte interim order dated 02.03.2021 is dissolved.

I.A.No.1291 of 2022 is disposed off.

For the reasons assigned, I.A.No.1621 of 2021 and I.A.No.1996 of 2021 Signature Not Verified SAN are disposed off.

Issue rule nisi.

Post for hearing in the usual course.

Reply, if any, by next date.

                                          (RAVI MALIMATH)                          (VISHAL MISHRA)
                                            CHIEF JUSTICE                               JUDGE

                                     AM




Signature Not Verified
  SAN




Digitally signed by ANINDYA SUNDAR
MUKHOPADHYAY
Date: 2022.07.08 18:09:35 IST