IN THE HIGH COURT OF MADHYA PRADESH AT INDORE BEFORE HON'BLE SHRI JUSTICE PRANAY VERMA th ON THE 6 OF FEBRUARY, 2024 WRIT PETITION No. 4739 of 2021 BETWEEN:-

KAWARNATH S/O MOTINATH NATH BABA OCCUPATION: PUJARI R/O. GRAM DUDAKHEDI, DISTT.

MANDSAUR (MADHYA PRADESH)

.....PETITIONER (BY SHRI GOVIND PAL SINGH SONGARA - ADVOCATE)

AND

1. THE STATE OF MADHYA PRADESH THR.

COLLECTOR, DISTT. COLLECTORATE MANDSAUR (MADHYA PRADESH)

2. SUB DIVISIONAL OFFICER TEH. BHANPURA DISTT. MANDSAUR (MADHYA PRADESH)

3. ATMARAM S/O HEERANATH, R/O. VILL.

DUDHAKHEDI TEH. BHANPURA DISTT.

MANDSAUR (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI ANENDRA SINGH PARIHAR - P.L. FOR STATE)

(BY SHRI ANAND SINGH BAHRAWAT, LEARNED COUNSEL FOR THE RESPONDENT NO.3.)

This petition coming on for admission this day, the court passed the following:

ORDER

1 . By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dated 23/11/2020 passed by the Signature Not Verified Additional Commissioner, Ujjain, Division Ujjain whereby the second appeal Signed by: SHAILESH

11:25:24 AM preferred by him against the order dated 15/3/2019 passed by the Collector Mandsaur has been dismissed.

2. Learned counsel for the respondents have raised preliminary objection to the effect that an efficacious and alternate remedy of preferring a revision before the State Government is available to the petitioner in view of which the petition does not deserve to be entertained.

3. Along with the reply filed by respondent No.3 an order passed by the State Government in a revision preferred by the petitioner himself against a similar order has been brought on record.

4 . From the record, it is apparent that against the impugned order the petitioner has a remedy of preferring a revision before the State Government / Secretary State of M.P. Adhyatma Department. The petitioner has already availed such remedy on a separate occasion whereby he had challenged a similar order dated 29/9/2018 as has been challenged by him in the present petition before the State Government.

5 . In view of availability of efficacious and alternate remedy to the petitioner of preferring a revision before the State Government Adhyatma Department, this petition is declined to be entertained under Article 226 of the Constitution of India. The petitioner is relegated to the remedy of revision as available to him.

6. In case the petitioner prefers a revision before the State Government within a period of 45 days from today, then the said revision shall be decided by the State Government on its own merit and shall not be thrown over board on the ground of limitation.

7. With the aforesaid directions, the petition stands disposed off.

Signature Not Verified Signed by: SHAI L E S H C.c. as per rules.

(PRANAY VERMA)

JUDGE SS/-

Signature Not Verified Signed by: SHAILESH