Madhya Pradesh High Court
The State Of Madhya Pradesh vs Anil Kumar Garg on 30 April, 2016
1
Writ Appeal Nos.611/2014, 612/2014, 883/2014, 959/2014,
912/2014 &R.P.No.175/2016
30.04.2016
R.P.No.175/2016
Shri Amit Seth, learned Govt. Advocate for the
petitioner/State.
Shri Shiv Kumar Dubey, learned counsel for the
respondent No.1.
Heard counsel for the parties.
This review petition has been filed taking clue from the observation made in the order dated 19.02.2016 in W.A.No.912/2015. The stand taken by the petitioner/State, prima facie, has been justly countered by the respondents by pointing the Supreme Court order dated 27.09.2010 passed in SLP (Civil) CC No.14582/2010 (State of Madhya Pradesh & others Vs. Teju Lal Yadav). Obviously, this order was not referred to and brought to the notice of the Division Bench which admitted the companion Writ Appeal No.611/2014. It is, therefore, submitted by the counsel for the respondent that if the Division Bench was informed that following K.L. Asre's case, this Court in Tejulal's case granted relief to similarly placed persons and that decision of the High Court has 2 been affirmed by the Supreme Court on 27.09.2010 (in Tejulal's case), the Division Bench could have been persuaded to take a different view of the matter inspite of the order of the Division Bench of this Court in K.L.Asre's case, leaving the question of law open. For, in Asre's case also the Supreme Court vide order dated 04.07.2014 in SLP (Civil) CC No.8436/2014 (State of M.P. & Ors Vs. K.L.Asre) dismissed the SLP by following order :-
"The special leave petition is dismissed on the ground of delay as well as on merits".
The fact that the Division Bench in Asre's case observed that the question of law is kept open cannot undo the efficacy of the two orders of the Supreme Court in Asre's case and Tejulal's case respectively, mentioned hereinabove. If this aspect is examined by the Division Bench, the admitted appeals can be proceeded accordingly, depending on which the relief claimed in the Review Petition No.175/2016 can be considered further.
List this review petition in the week commencing from 11.07.2016.
The Writ Appeal No.611/2014 and companion admitted appeals be placed before the same Division Bench (presided over by Justice Menon) for appropriate 3 directions therein on 4th May, 2016 under caption "Direction".
(A. M. Khanwilkar) (C.V.Sirpurkar)
Chief Justice Judge
AM.