Back
IN THE HIGH COURT OF MADHYA PRADESH BENCH AT GWALIOR
Gurpal Singh Ahluwalia, J.
Dinesh Narayan Pareek – Appellant
Versus
State of Madhya Pradesh & Ors. – Respondents
Writ Petition No. 28781 of 2022
Decided On : 14-12-2022
Article 226 - Administrative Action - The court dismissed the petition seeking administrative action against the respondent and quashing of pending proceedings, stating that since the impugned order was already subject to statutory appeal, no parallel proceedings were warranted.
Fact of the Case:
The petitioner filed a petition under Article 226 seeking administrative action against the respondent and quashing of pending proceedings.
Finding of the Court:
The court dismissed the petition, stating that since the impugned order was already subject to statutory appeal, no parallel proceedings were warranted.
Issues: Petition seeking administrative action and quashing of pending proceedings under Article 226
Ratio Decidendi: No parallel proceedings warranted when the impugned order is already subject to statutory appeal
Final Decision: The petition was dismissed with liberty to the petitioner to pursue the pending appeal.
JUDGMENT
Gurpal Singh Ahluwalia, J. - This petition under Article 226 of the Constitution of India has been filed seeking following reliefs :
(1) That, the conduct and working style of the respondent no.4 may kindly be taken into consideration and as per the rules and regulations appropriate administrative action may direct to be taken against them in the interest of justice.
(II) That, while invoking the supervisory jurisdiction, this Hon'ble High Court may kindly be quashed the entire pending proceedings before the respondent no.4 with respect of application filed under Section 250 of MPLRC as well as the order dated 17/06/2022 in the interest of justice.
2. Any other relief which this Hon'ble Court deems fit in the facts and circumstances of the case same may kindly be granted to the petitioner.
3. It is fairly conceded by counsel for petitioner that against the impugned order dated 17.06.2022 passed by Tehsildar, Tehsil Maksudangarh, District Guna in case No.01 A-70/2022-23, the petitioner has already preferred an appeal under Section 44 of MPLR Code which is pending before the Court of SDO District Guna.
Considered the submission made by counsel for petitioner.
4. Since the impugned order is already a subject matter of statutory appeal as provided under Section 44 of MPLR Code, therefore, this Court is of this considered opinion that no case is made out warranting initiation of parallel proceedings.
5. Accordingly, with liberty to the petitioner to pursue the pending appeal, this petition is dismissed.
AI
No parallel proceedings warranted when the impugned order is already subject to statutory appeal
A second appeal is not maintainable against orders passed under Section 248 of the MPLR Code, as per Section 46(b), necessitating a revision instead.
The non-functionality of the Tribunal and the petitioner's request for a stay on coercive action pending the decision by the Tribunal influenced the court's decision.
The availability of an alternative remedy under the MPLRC generally bars the exercise of supervisory jurisdiction under Article 227 of the Constitution.
Amendment of pleadings is prohibited after the commencement of trial unless due diligence is proven, and the court has the discretion to reject an application if it causes injury to the opponents.
The main legal point established is that a petition under Article 226 may not be maintainable if the statutory remedy available under the relevant law has not been exhausted.
A court must issue reasoned orders for all applications, even after a case is disposed of, rejecting motions based solely on functus officio is contrary to natural justice.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
