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MILIND RAMESH PHADKE
Vimla Jat (Smt. ) – Appellant
Versus
State of M. P. – Respondent
ORDER
1. The present petition under Article 226 of the Constitution of India has been directed against a notice dated 17.10.2023 issued by Collector, Sheopur, whereby invoking the provisions under section 50 of the MPLRC of suo-moto revision, the present petitioner has been called upon to make submissions with regard to the illegal mutation of his name done on the land bearing survey Nos.884/11 and 884/18 admeasuring 2.090 and 1.045 hectare respectively on the basis of some sale-deed in the proceedings before Tehsildar No.50/2012-13/A-6 dated 20.5.2013.
2. The said notice issued by invoking the provisions of section 50 of the MPLRC had been assailed on the ground that the very notice has been issued with an ill motive under some political pressure of the ruling party and has been issued without following the due procedure of law. It was submitted that in wake of the aforesaid notice the respondents are trying to forcibly evict/disposses the petitioner from the land in question and are bent upon to delete the entries in the revenue records of the name of the petitioner, which has rightly been mutated in the revenue records. It was further submitted that the said issuance of notice wo
Challenging a Show Cause Notice invoking a court's writ jurisdiction is premature and discouraged by the mandate of the law. A Show Cause Notice does not give rise to a cause of action unless there i....
Point of law: Writ Court, while exercising its powers under Article 226 of the Constitution of India, will not normally interfere with the show-cause notice, but for very few exceptions.
A show-cause notice does not constitute an infringement of rights, and a writ petition against it is typically premature unless jurisdictional issues are present.
The main legal point established in the judgment is that the action initiated by the Show Cause Notice was not within the prescribed period by the statute, nor within a reasonable period, and therefo....
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