DEVENDRA GIRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) By this review petition, the petitioner is seeking the review of the order dated 15.02.2021 whereby the WP. No.24084/19 filed by the petitioner is dismissed.

(2.) Learned counsel for the petitioner submits that in view of Full Bench judgment of this Court reported in in the case of Bank of Maharashtra vs. Manoj Kumar , 2010 4 MPHT 18 in the case of State of M.P. vs. Laxman Prasad Raikwar , 2018 4 MPLJ 657 the policy prevailing on the date of consideration of the application is to be made applicable and this Court has relied upon the obiter in the judgment of the Supreme Court in the case of Amit Shrivas vs. State of M.P. & Others,2013 SCC Online MP 5439, which has no binding value.

(3.) Opposing the prayer learned counsel for the State has submitted in view of the judgment of Supreme Court in the matter of in the case of Oriental Insurance Co. Ltd. vs. Meena Variyal & Others , 2007 5 SCC 428 and in the case of Municipal Committee, Amritsar vs. Hazara Singh , 1975 1 SCC 794 even the obiter of the Supreme Court is binding on the High Court.