IN THE HIGH COURT OF MADHYA PRADESH AT GWALIOR BEFORE HON'BLE SHRI JUSTICE RAJENDRA KUMAR-IV st ON THE 1 OF FEBRUARY, 2024 MISC. PETITION No. 202 of 2018 BETWEEN:-

1. M/S NARMADA TRAVELS BUS SERVICE THR.

PROPRIETOR SMT. ASHA KUMARI W/O LATE SHRI D.K. SINGH THROUGH (DELETED) POWER OF ATTORNEY HOLDER RAGHVENDRA SINGH S/O LATE SHRI D.K. SINGH DEVELOPMENT AREA, GHAROLA MOHALLA, WARD NO. 16, SHAHDOL (MADHYA PRADESH)

(A) SHRI RAJKUMAR SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED ABOUT 54 YEARS, WARD NO. 12 DEVELOPMENT AREA, SHADOLA (MADHYA PRADESH)

(B) SHRI SANJAY SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED ABOUT 50 YEARS, R/O WARD NO. 12 DEVELOPMENT AREA, SHADOLA (MADHYA PRADESH)

(C) SMT. CHANDRKALA SINGH JAISWAL W/O SHRI VED PRAKASH JAI SWAL, AGED ABOUT 60 YEARS, R/O BARRA BHAG 2 IN FRONT OF KANPUR SWEET HOUSE (UTTAR PRADESH)

(D) SMT. MANJU JAISWAL W/O SHRI ALOK KUMAR JAISWAL, AGED ABOUT 52 YEARS, INDIRA BIHAR BILASHPUR (CHHATTISGARH)

(E) SMT. DOLLY SINGH JAISWAL W/O SHRI ARVIND JAISWAL, AGED ABOUT 39 YEARS, B-204 JAYPURIYA APPARTMENT SABERI PUL CROSSING REPUBLIC GAZIABAD (UTTAR PRADESH)

Signature Not Verified Signed by: BARKHA (F) RAGHUVENDRA SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED ABOUT 64 YEARS, WARD NO. 12 NEW WARD NO. 16 H.NO. 494 SICHAI COLONY, NEAR POLICE LINE ROAD, OPPOSITE TO DR. THABRANI SHADOLA (MADHYA PRADESH)

ALL LEGAL HEIR THROUGH POWER OF ATTORNEY HOLDER SHRI RAGHVENDRA SINGH S/O LATE SHRI DINESH KUMAR SINGH, AGED- 64 YEARS, R/O WARD NO.12 NEW WARD NO.16 H.NO. 494 SICHAI COLONY. NEAR POLICE LINE ROAD OPPOSITE TO DR. THABRANI SHADOLA M.P.

.....PETITIONERS (SHRI SHATRU DAMAN SINGH BHADOURIYIA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THROUGH PRINCIPAL SECRETARY, TRANSPORT DEPARTMENT, VALLABH BHAWAN, BHOPAL (MADHYA PRADESH)

2. STATE TRANSPORT AUTHORITY, MADHYA PRADESH GWALIOR (MADHYA PRADESH)

3. MANGLANI BUS SERVICE, PROP. A.D.

MANGLANI, SHOP NO 9, NEW BUS STAND SHAHDOL (MADHYA PRADESH)

4. VIRENDRA SINGH S/O MAHESH KUMAR SINGH, HOUSE NO 439 BULDING BEHIND JAIL SHAHDOL (MADHYA PRADESH)

5. PRAYAG BUS SERVICE, PROP. MUKESH KUMAR, DEVELOPMENT AREA DHAROLAN MOHALLA, SHAHDOL (MADHYA PRADESH)

6. BHUPENDRA TRAVELS, PROP. NEELAM MANGLANI, LAKHERAN TOLL, SHAHDOL (MADHYA PRADESH)

7. SHYAM BUS SERVICE, PROP. LAXMIBAI MANGLANI (DEAD) LAKHERA TOLA BUDHAR DISTRICT SHAHDOL (MADHYA PRADESH)

Signature Not Verified Signed by: BARKHA

8. MAHAMAYA TRAVELS PROP. ROOP CHAND LAKHERAN, TOLL BUDHAR DISTRICT SHAHDOL (MADHYA PRADESH)

9. JAI DURGA TRAVELS, PROP. DILIP KUMAR SINGH, WARD NO. 12 DEVELOPMENT AREA, SHAHDOL (MADHYA PRADESH)

.....RESPONDENTS (SHRI NEERENDRA SHARMA - ADVOCATE FOR RESPONDENT NO.3, 4, 5, 6 & 9)

This petition coming on for hearing this day, the court passed the following:

ORDER

Heard learned counsel for petitioner and respondents and perused the record.

Petition has been filed challenging the order dated 15.12.2014 passed by President, M.P. State Transport Authority and order dated 01.12.2017 passed by State Transport Appellate Tribunal, Gwalior M.P in revision No.30/2015.

It is admitted by learned counsel for both parties that order of President, M.P. State Transport Authority dated 15.12.2014 was challenged in an appeal which came to be dismissed. Petitioner simultaneously filed revision against the said order which was also dismissed. Both the orders are under challenge in the present petition. Matter went up to the Supreme Court through appeal and got finality by the Hon'ble Supreme Court.

Despite that, petitioners are contesting the matter in this petition before this Court. This is an abuse of process of Court, therefore, petition should be dismissed with heavy cost.

Signature Not Verified Signed by: BARKHA Petition is dismissed with the cost which I quantify to Rs.50,000/-, to be deposited within one month by the petitioners in the M.P. State Legal Services Authority. In case, cost is not deposited within stipulated period, Registrar General is directed to recover the same from petitioners as arrears of land revenue.

(RAJENDRA KUMAR-IV)

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