Shyam Sunder Katare vs The State Of Madhya Pradesh
2022 Latest Caselaw 15898 MP

                                                      1

                               IN THE HIGH COURT OF MADHYA PRADESH
                                           AT JABALPUR
                                                   BEFORE
                                     HON'BLE SHRI JUSTICE RAVI MALIMATH,
                                                CHIEF JUSTICE
                                                      &
                                     HON'BLE SHRI JUSTICE VISHAL MISHRA
                                          ON THE 1 st OF DECEMBER, 2022
                                            WRIT APPEAL No. 408 of 2022

                          BETWEEN:-
                          SHYAM SUNDER KATARE, S/O SHRI KESHAV PRASAD
                          KATARE, AGED ABOUT 66 YEARS, OCCUPATION:
                          AGRICULTURE VILLAGE GHUGRI, TEHSIL DEORI,
                          DESTRICT SAGAR (MADHYA PRADESH)

                                                                              .....APPELLANT
                          (BY DR. ANUVAD SHRIVASTAVA - ADVOCATE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                THE PRINCIPAL SECRETARY (AGRICULTURE)
                                VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

                          2.    THE DISTRICT AGRICULTURE DEVELOPMENT
                                OFFICER SAGAR SAGAR (MADHYA PRADESH)

                          3.    SENIOR AGRICULTURE DEVELOPMENT OFFICER
                                DEORI DISTRICT SAGAR (MADHYA PRADESH)

                          4.    THE STATION HOUSE OFFICER, POLICE STATION
                                DEORI, DISTRICT SAGAR (MADHYA PRADESH)

                          5.    THE FERTILIZER INSPECTOR, TEHSIL DEORI,
                                DISTRICT SAGAR (MADHYA PRADESH)

                          6.    NARENDRA S/O SHRI VISHWANATH DIXIT R/O
                                DEORI DISTRICT SAGAR (MADHYA PRADESH)

                                                                            .....RESPONDENTS
                          (SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE FOR RESPONDENT
Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/3/2022
2:50:13 PM
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                          NO.1 TO 5.)


                                This appeal coming on for admission this day, Hon'ble Shri Justice
                          Ravi Malimath, Chief Justice passed the following:
                                                                 ORDER

Aggrieved by the order dated 15.12.2021 passed by the learned Single Judge in dismissing the Writ Petition No.27020 of 2021, the petitioner is in appeal.

2. It is the case of the petitioner that 942 bags of fertilizer was seized from his godown. After registration of criminal case, a panchnama was prepared and handed over in Supurdagi to one Shri Narendra S/o Shri Vishwanath Dixit of

Deori. It is the case of the petitioner that the Judicial Magistrate First Class, Deori vide order dated 19.06.2019 has directed to release 942 bags of fertilizer. Thereafter, an application was filed before the said court for execution of the order which was never executed. By the order dated 26.12.2020, he was acquitted of the charges under Section 3/7 of the Essential Commodities Act. He approached the police authorities for release of the fertilizer which was not released. Be that as it may, he moved an application before the Judicial Magistrate First Class, Deori seeking compensation of Rs.15,00,000/-. The same was rejected vide order dated 27.08.2021 recording a finding that the proceedings to hand over fertilizer on supurdginama were carried out on 20.07.2019 and 03.02.2021, but the petitioner himself has refused to take the confiscated fertilizer. Thereafter, the instant petition was filed seeking compensation of Rs.15,00,000/- against the respondents.

3. The learned Single Judge came to the view that there are disputed question of fact and evidence is required to establish the petitioner's case, therefore, the writ petition is not maintainable. Questioning the same, the instant Signature Not Verified Signed by: SHALINI LANDGE Signing time: 12/3/2022 2:50:13 PM

appeal is filed.

4. Learned counsel for the petitioner in support of his case relies on the judgments passed by the Hon'ble Supreme Court in the case of the State of Gujarat Vs. Memon Mahomed Haji Hasam (Dead) by his legal representatives reported in AIR 1967 SC 1885 and in the case of N.Nagendra Rao & Co. Vs. State of Andhra Pradesh reported in AIR 1994 SC 2663 and in the case of Smt. Basava Kom Dyamogouda Patil Vs. State of Mysore and Another reported in AIR 1977 SC 1749.

5. However, we find that none of the judgments are applicable to the case in hand. The prayer made herein is for a compensation against the respondents. Even though in very rare cases the petition can be maintainable, it may not be appropriate to hold that no writ petition is maintainable for such a cost. However, the finding of the learned Single Judge that disputed questions are involved and therefore, the writ cannot be granted may not be an appropriate finding. Whether a writ could be issued or not is a different matter than whether the writ petition is maintainable or not. A writ petition may be maintainable but the writ may not be issued based on the facts and circumstances of the case. That is exactly what the learned Single Judge has said. Hence, we do not find any good ground to interfere in the matter.

6. The writ appeal is dismissed.

                                (RAVI MALIMATH)                                      (VISHAL MISHRA)
                                  CHIEF JUSTICE                                           JUDGE
                          Sha




Signature Not Verified
Signed by: SHALINI
LANDGE
Signing time: 12/3/2022
2:50:13 PM