MADHYA PRADESH HIGH COURT ISSUES JUDGEMENT ON RADHESH BHARGAVA V/S NAGAR PALIKA NIGAM SAGAR

JABALPUR, India, April 17 -- Madhya Pradesh High Court issued the following judgment/order on March 17:

1. Aggrieved by the order dated 05.07.2023 passed in W.P. No.19101/2015 by learned Single Judge, whereby the Writ Petition preferred by the appellant was decided in terms of order dated 17.09.2019 in W.P. No.9592/2012 (Municipal Corporation, Sagar vs. Shashank Rawat), the appellant has filed the instant intra court appeal.

2. I.A. No.25252/2025 is taken up, which is an application filed under Section 5 of the Limitation Act for condonation of delay.

3. As per office report, the present writ appeal is barred by 62 days.

4. Learned counsel appearing on behalf of respondent - Nagar Palik Nigam, Sagar on advance copy submits that without prejudice to the rights and contentions of the respondent, he has no objection in case delay is condoned.

5. Considering the aforesaid and the reasons assigned in the application, the appellant is able to make out a case for condonation of delay of 62 days, and consequently, I.A. No.25252/2025 is allowed. Delay is hereby condoned.

6. Issue notice.

7. Notice is accepted by learned counsel appearing for the respondent.

8. With the consent of parties, arguments heard for the purpose of final disposal.

9. Learned counsel for the appellant contends that the order passed by the learned Single Judge is not sustainable in view of the fact that writ petition could not have been disposed of in terms of order dated 17.09.2019 passed in W.P. No. 9592/2012 as the facts narrated therein are quite different from the facts those are involved in the subject writ petition. He further submits that earlier also the writ petition was disposed of by the learned Single Judge by order dated 17.09.2019 relying on the order passed in W.P. No. 9592/2012, however, the same was set aside by the coordinate Division Bench in Writ Appeal No. 1900/2019 (Radhesh Bhargava vs. Nagar Palik Nigam, Sagar) on 31.03.2022, by holding that there was no narration as to whether the facts involved in both the cases are similar, whereas in the earlier case, subsequent to the award passed by the Labour Court, a resolution was passed by Municipal Council, wherein Shri Yashwant Kumar Koshti and others had been granted the benefit of salary and the similar situation is not in the subject petition. The coordinate Division Bench by setting aside order dated 17.09.2019, remanded the matter for rehearing by the learned Single Judge on merits.

*Rest of the document can be viewed at: (https://mphc.gov.in/upload/jabalpur/MPHCJB/2025/WA/3492/WA_3492_2025_FinalOrder_17-03-2026_digi.pdf)

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