Swami Ram Krishna Shiksha Vikas ... vs The State Of Madhya Pradesh
2021 Latest Caselaw 5867 MP

                                   1                                  WA-818-2021
        The High Court Of Madhya Pradesh
                    WA-818-2021
 (SWAMI RAM KRISHNA SHIKSHA VIKAS SAMITI, THROUGH ITS SECRETARY, SUDHIR RAI Vs THE
                      STATE OF MADHYA PRADESH AND OTHERS)


Jabalpur, Dated : 22-09-2021
       Heard through Video Conferencing.

       Shri K.K.Pandey, learned counsel for the appellant.
       Shri   B.D.Singh,      learned    Government        Advocate      for    the
respondent/State.

This appeal is directed against the judgment of learned Single Judge by

which the writ petition filed by the petitioner arising out of a private dispute between two groups seeking to control the management of a private school has been dismissed as not maintainable.

Learned Single Judge has held that High Court is not the forum to seek redressal of a personal enmity between the petitioner and respondent nos.10 to 12. Petitioner is having civil dispute with respondent nos. 10 to 12. If private respondents are committing breach of injunction order then the petitioner has remedy available to him under Civil Law. This Court will not interfere in the writ jurisdiction under Article 226 of the Constitution of India

where ordinary remedy under civil and criminal law is available to the petitioner.

At this Stage, learned counsel for the appellant submitted that even though the injunction order has been passed in favour of the petitioner in the civil suit but the respondent nos.10 to 12 are not complying with the same and therefore, he has to aproach this Court to seek a direction to the Police Authorities. If that be so, the petitioner may take his remedy under Order 39 Rule 2A of CPC or alleged breach of injunction and it is for the Court concerned to direct for police help if it is persuaded to do so.

With the aforesaid liberty, the appeal is disposed of.

     (MOHAMMAD RAFIQ)                               (VIJAY KUMAR SHUKLA)
                                                             2     WA-818-2021
                                            CHIEF JUSTICE       JUDGE
                                      anu




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Digitally signed by ANUPRIYA SHARMA
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Date: 2021.09.22 16:41:24 IST