Udal vs The State Of Madhya Pradesh
2021 Latest Caselaw 7153 MP

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             The High Court Of Madhya Pradesh
                       Writ Petition No20543 of 2021
                        (Udal Vs. State of M.P. and others)

Jabalpur, Dated : 09.11.2021
      Shri L.P. Mishra, learned counsel for the petitioner.

      Shri    Sanjeev      K.    Singh,       learned     panel   lawyer    for   the

respondents/State.

The present petition has been filed seeking the following relief(s) :-

"7.1 That, it is therefore, prayed that Hon'ble Court may kindly be pleased to issue the writ of Mandamus direction to the respondent No.1 to 3 to initiate criminal proceeding against the respondent no.4 to 7 and further respondent no.4 to 7 and further respondent No.1 may be directed to initiate departmental enquiry against respondent No.4, in the interest of justice.

7.2 That, it is therefore, prayed that respondent No.1 may be directed to consider and decide the representation dted 02.08.2021 (Annexure P/5) expeditiously in accordance with law.

7.3 Any other relief deems fit may also be granted including cost of litigation."

It is pointed out that in pursuance to some illegal activities being

carried out by the private respondents in connivance with the authorities

getting their names mutated in the revenue records, the complaint was

made by the petitioner to the senior Revenue Authorities. The cognizance

was taken up in the matter by the Authorities and the enquiry was got

conducted wherein the allegations levelled by the petitioner were found to

be correct, but the authorities are not taking any further action and has

kept the matter pending. No directions for registration of an FIR against

the employees of the department was directed by the Collector, District

Singrauli. In such circumstances, he has preferred a detailed

representation for redressal of his grievances which is pending

consideration. An innocuous prayer is made to direct the Authorities to

consider and decide the pending representation within the stipulated time

frame.

Counsel appearing for the State has vehemently opposed the prayer

and submitted that the petition is not maintainable as the petitioner is

having no locus to file the present petition.

Counsel appearing for the petitioner submits that on the complaint

made by the petitioner the action was taken by the

respondents/authorities, therefore, the petitioner is having every right to

file the writ petition.

Counsel appearing for the State has pointed out that the aforesaid

aspect was considered by the Division Bench of this Court in the case of

M.P. Karmachari Congress Vs. State of M.P. and others being

W.A.No.64/2021 and it was held that persons like the petitioner are

having no locus to file the petition seeking mandamus.

The question involved in the present petition has been considered

by this Court in the case of M.P. Karmachari Congress Vs. State of

M.P. and others being W.P.No.18387/2020 decided on 06.01.2021

wherein this Court has held that once the complaint filed by the petitioner

and cognizance was taken on the complaint, then the work of the

petitioner is over no further locus is available to the petitioner to seek

further action on the complaint or the inquiry report. The aforesaid order

was affirmed by the Division Bench of this Court in Writ Appeal

No.64/2021 decided on 10.02.2021.

In the present case also, the petitioner being the complainant and on

the basis of his complaint cognizance was taken by the authorities and the

work of the petitioner informing the authorities is over. Now it is upto the

authorities to take further action in the matter. In the light of the Division

Bench judgment of this Court in Writ Appeal No.64/2021, the petitioner is

having no locus to file the present petition. The petition as far as

maintainability is concerned is held to be not maintainable and is hereby

dismissed.

However, as the authorities have already taken cognizance in the

matter and has done enquiry in the matter, it is expected that in pursuance

to the enquiry report submitted by the authorities, the authorities will take

all plausible steps to take the enquiry report to its logical end.

Accordingly, the petition is disposed of.

The order of this Court be communicated to the concerned

authorities, Collector District Singrauli.

(Vishal Mishra) Judge

AM.

Digitally signed by ANINDYA SUNDAR MUKHOPADHYAY Date: 2021.11.15 11:18:21 +05'30'