High Court Madhya Pradesh High Court

Sharad Athiya vs Manish Shrivastava on 18 April, 2011

Madhya Pradesh High Court
Sharad Athiya vs Manish Shrivastava on 18 April, 2011
                                                                              1




                           CONC. No.994/10

     Sharad Athiya                                       Manish Shrivastava




     18.4.2011
           Shri Vipin Yadav, Counsel for petitioner.
             Shri S.S.Bisen, Counsel for respondent.

This application is filed alleging non-compliance of the order
dated 30.6.2010 in W.P.No.7831/10 by which following directions
were issued:-

“(i) Petitioner to submit fresh representation to the
Collector, Sagar agitating his grievance as raised in
Annexure P-9 Along with the representation he shall
enclose a copy of this petition for ready reference of
respondent No.3.

(ii) Respondent No.3 on receipt of the aforesaid, shall
decide the representation of the petitioner expeditiously as
far as possible within a period of 30 days from the date of
filing of the same.

(iii) It is made clear that no opinion on the merit of the
case has been expressed by this Court and the
respondent No.3 is free to decide the representation in
accordance with law.”

A reply has been filed in which respondent has stated that by
order dated 28.2.2011, representation of the petitioner has been
decided. Though it is submitted by the petitioner that the aforesaid
order has been passed without application of mind and incorrect
reasons have been assigned in rejecting the representation, but by
order 30.6.2010, respondent was directed to decide the
representation. If petitioner feels aggrieved by the aforesaid decision,
petitioner may assail the order dated 28.2.2011 by filing a fresh
petition, but no case is made out for proceeding further. The
proceedings are closed with no order as to costs.

     (Krishn Kumar Lahoti)                             (Mool Chand Garg)
C.          Judge                                           Judge