High CourtsDivision Bench(2020) 09 MP CK 0125

M/S Tara Construction vs Madhya Pradesh Rural Road Development Authority And Others

Madhya Pradesh High Court · Decided on 15 September 2020

HON’BLE JUDGES
Ajay Kumar Mittal, J · Vijay Kumar Shukla, J
CASE NUMBER
Writ Petition No. 6801 Of 2020

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Judgment

7 paragraphs · 180 words

IA-5779-2020, an application for amendment/correction is taken up.

Learned counsel for the petitioner states that due to typographical error the details of respondent No.5 "Tahsildar Sonbhadra, District Sonbhadra (U.P.)" have been wrongly mentioned, whereas it ought to have been "Tahsildar Dudhi, District Sonbhadra (U.P.)" and amendment to that effect is prayed for.

For the reasons stated in the IA-5779-2020, the same is allowed. Learned counsel for the petitioner may file correct memo of parties within three days.

Learned counsel for the petitioner, inter-alia, relies upon the judgment of Apex Court in the case of M/s. Tulsi Narayan Garg vs. The M.P. Road Development Authority and others reported in (2019) 5 RAJ 204 filed alongwith IA-6641-2020 to urge that without adjudication the recovery being effected by the respondents is contrary law laid down in the said judgment. On the aforesaid premises, it was urged that recovery notice is unsustainable at this stage.

Issue notice to the respondents on IA-6641-2020 as well as on the main petition.

The respondents be served through e-mail after incorporating the amendment.

To come up on 22.10.2020.