Kishore Samrite vs The State Of Madhya Pradesh
2021 Latest Caselaw 317 MP

                                  1                               WP-15828-2020
        The High Court Of Madhya Pradesh
                   WP-15828-2020
           (KISHORE SAMRITE Vs THE STATE OF MADHYA PRADESH AND OTHERS)

2
Jabalpur, Dated : 27-02-2021
      Per: V.K.Shukla,J.

Shri Rajesh Kumar Chand, learned counsel for the petitioner. Shri Swapnil Ganguly, learned Deputy Advocate General for the respondents/State.

The present petition has been filed as public interest litigation being

aggrieved by the inaction on the part of the competent authority in not taking any action on the complaint made by the petitioner against the illegal construction of Mausoleum on the agricultural land without taking any permission of the authorities.

It is stated in the petition that the petitioner is an Ex MLA and also public spirited person and is a responsible figure of the area and is bringing out the illegalities being committed by the authorities from time to time. The alleged Mausoleum was constructed in the year 1999-2006.

Learned counsel for the State submitted that the present petition is

nothing but a abuse of the process of law. It is further submitted that the petitioner is in habit of filing various PILs before this court. Learned counsel for the State pointed out that on earlier occasion, the petitioner had filed one habeas corpus which has been dismissed by the High Court with an exemplary cost of Rs. 50 lakhs. However, the cost amount has been reduced by the Supreme Court from 50 lakhs to Rs. 5 lakhs. Thus, the petitioner is in habit to misuse the process of public interest litigation. He placed reliance on the judgment passed by the Supreme Court in the case o f Kishore Samrite Vs. State of Uttar Pradesh and others (2013) 2 SCC 398 whereby the writ petition filed by the petitioner was dismissed with cost of Rs. 5 lakhs.

In view of the aforesaid, we find that in the present case Mausoleum 2 WP-15828-2020 has been constructed on a private agricultural land that too in the year 1999- 2006 and after such a long period, challenge has been made against the aforesaid act of construction of Mausoleum on private agricultural land, therefore, we find that the present petition is also nothing but abuse of the process of law by way of public interest litigation and therefore, the same is dismissed.

                                      (MOHAMMAD RAFIQ)                           (VIJAY KUMAR SHUKLA)
                                       CHIEF JUSTICE                                        JUDGE


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Date: 2021.03.03 10:46:13 IST