Basir Khan vs State Of Madhya Pradesh And Others

Learned counsel for the petitioner, at the outset, submits that the case of the present petitioner is squarely covered by the judgment of this Court passed in the case of Madhu Rathore Vs. State of Madhya Pradesh (Writ Petition No.9735/2014) (Annexure-P/11). The petitioner will prefer a detailed representation claiming the benefit of judgment of Madhu Rathor (Supra). The respondents be directed to decide the claim of the petitioner by taking into account the judgment of Madhu Rathor (supra).

Shri Sougara, learned P.L. for the State has no objection. Accordingly, this petition is disposed of with the following directions:-

(i) The petitioner shall submit a detailed representation along with the copy of the judgment passed in Madhu Rathor (supra) before the respondents.

(ii) In turn, the respondents shall examine the claim of the petitioner in the light of judgment passed in the case of Madhu Rathore (supra) and take a final decision within a period of 90 days from the date of receipt of such representation.

(iii) If the petitioner's case is found to be similar qua the case of Madhu Rathore (supra), the respondents shall apply the principle of parity and grant similar benefit to the petitioner.

(iv) If they decide it otherwise, a reasoned and speaking order be passed within the aforesaid period.

Petition is disposed of without expressing any view on the merits of the case.

C.C. as per rules.