The State Of Madhya Pradesh vs Rambabu Sharma

NEUTRAL CITATION NO. 2026:MPHC-GWL:32808
1 WA-1175-2025
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR

BEFORE
HON'BLE SHRI JUSTICE G. S. AHLUWALIA
&
HON'BLE SMT. JUSTICE ANURADHA SHUKLA
th
ON THE 27 OF OCTOBER, 2026
WRIT APPEAL No. 1175 of 2025
CNR No.: MPHC030099662025
THE STATE OF MADHYA PRADESH AND OTHERS
Versus
RAMBABU SHARMA
Appearance:
Shri Manish Saxena - Govt. Advocate for the appellants/State.
Shri D.P.Singh - Advocate for the respondent/State.
ORDER
Per: Justice Gurpal Singh Ahluwalia
This writ appeal under Section 2 (1) of the Madhya Pradesh Uchcha
Nyayalaya (Khand Nyayapeeth Ko Appeal) Adhiniyam, 2005, has been filed
against the order dated 25.09.2018 passed by learned Single Judge in W.P.
No.9185/2018.
2. I.A. No.4291/2025 has been filed for condonation of delay of 480
days in filing the present writ appeal.
3. Earlier the Coordinate Bench of this Court formulated certain
questions by order dt.18.12.2025, however, it is clear as noon-day that
I.A.No.4291/2025 was never taken up and the delay was never condoned.
Unless and until the delay is condoned, it cannot be said that there was any
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 10/27/2026
4:56:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32808
2 WA-1175-2025
appeal in the eye of law. Accordingly, without adhering to the questions,

which were raised in the order dt.18.12.2025, counsel for the State is heard
on the question of delay.
4. I.A.No.4291/2025 reads as under :-


An Application for Condonation of delay
May it please this Hon'ble Court,
The humble respondent/petitioner most
respectfully submits as under :-
1. That, the respondent/petitioner has
preferred the writ petition bearing no.
9185/2018 seeking quashment of order
of recovery dated 29.12.2017. Though
the order of recovery is passed by the
authority competent, as such, the same
is just, proper and reasonable, not call
for any interference.
2. That, the Hon’ble Writ court has
allowed the writ petition and quash the
order of recovery and directed the
refund the recovered amount forthwith
with the interest @ 6% per annum.
Hon’ble Writ Court passed the order
without considering the arguments made
on behalf of the State. Therefore, the
order impugned passed by the writ court
contained in Annexure - A/1 is illegal
and bad in law, which deserves to be
set-aside, in the interest of justice.
3. That, while deciding the present
application, the facts and grounds raised
in the memo of appeal, deserves to be
taken into consideration.
4. That, appeal is reportedly barred by 480
days in the regard of delay, it is most
humbly and respectfully submitted that
though order has been passed by
Hon’ble Writ Court on 25.09.2023 but
aforesaid order uploaded on the website
of Hon’ble High Court on 07.06.2024
thereafter legal opinion has been
obtained from Advocate General Office,
Gwalior on 28.09.2024 thereafter
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 10/27/2026
4:56:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32808
3 WA-1175-2025
permission for filing a writ appeal has
been granted by competent authority on
28.02.2025 thereafter OIC has been
appointed in the matter and concerning
Government Advocate prepared the writ
appeal and same has been filed before
this Hon’ble Court hence, the delay
caused in filing the appeal is bona fide
in nature and deserves to be condoned
in the interest of justice. Otherwise,
appellant suffers from irreparable loss.

It is, therefore, most respectfully prayed
that the present application may kindly be
allowed and condoning the delay of AQ days,
the appeal may kindly be entertained and the
same may kindly be decided in accordance
with provisions in the rules, in the interest.
4 . This application has been filed under a false impression that the
State being a mighty litigant has an extra privilege and no one can raise a
question with regard to its working. This self proclaimed privilege is directly
in the teeth of the judgment passed by the Supreme Court in the case of State
of M.P. Vs. Ramkumar Choudhary decided on 29/11/2024 in SLP (C) Diary
No. 48636/2024. It is really surprising that even after passing of the
judgment by the Supreme Court in the case of Ramkumar Choudhary
(supra), the State was still not ready to come out of its shell of false
impression.
5. Be that whatever it may be.
6. Although, counsel for the State prayed for two days' time to file
supplementary application, but he was not ready to deposit any cost. Under
these circumstances, when the delay is of 480 days and the State has not
taken any action against any of the defaulter officer and is also not ready to
deposit cost, this Court is left with no other option but to reject
I.A.No.4291/2025. As a consequence thereof, this appeal is
Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 10/27/2026
4:56:46 PM

NEUTRAL CITATION NO. 2026:MPHC-GWL:32808
4 WA-1175-2025
also dismissed as barred by time. The questions formulated by the

Coordinate Bench of this Court by order dt.18.12.2025 shall remain open and
shall be decided in an appropriate case and the dismissal of this appeal shall
not be treated as final adjudication of the questions which were framed by
order dt.18.12.2025.
(G. S. AHLUWALIA)
(ANURADHA SHUKLA)
JUDGE
JUDGE
SP

Signature Not Verified
Signed by: SANJEEV
KUMAR PHANSE
Signing time: 10/27/2026
4:56:46 PM