Bhagwan Prasad Khandelwal vs Ministry Of Railway
2022 Latest Caselaw 16624 MP

                                                       1
                                IN THE HIGH COURT OF MADHYA PRADESH
                                            AT JABALPUR
                                                    BEFORE
                                      HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                           ON THE 14 th OF DECEMBER, 2022
                                           WRIT PETITION No. 28720 of 2022

                           BETWEEN:-
                           BHAGWAN PRASAD KHANDELWAL S/O SHRI SHIVLAL
                           KHANDELWAL, AGED ABOUT 65 YEARS, OCCUPATION:
                           PRIVATE JOB BEHIND OLD BUS STAND WARD NO.8
                           PARASIYA   DISTRICT  CHHINDWARA    (MADHYA
                           PRADESH)

                                                                               .....PETITIONER
                           (SHRI RAVI DWIVEDI - ADVOCATE AND OTHERS ARE ABSENT)

                           AND
                           1.    MINISTRY OF    RAILWAY THROUGH       ITS
                                 SECRETARY NEW DELHI (DELHI)

                           2.    ASSISTANT MANDAL ABHIYANTA SOUTH EAST
                                 CENTRAL RAILWAY CHHINDWARA DISTRICT
                                 CHHINDWARA (MADHYA PRADESH)

                           3.    DIVISION RAILWAY MANAGER SEG SOUTH EAST
                                 CENTRAL      RAILWAY JABALPUR  (MADHYA
                                 PRADESH)

                           4.    SENIOR SECTION ENGINEER (RAIL PATH) SOUTH
                                 EAST   CENTRAL   RAILWAY    CHHINDWARA
                                 DISTRICT CHHINDWARA (MADHYA PRADESH)

                           5.    RITESH CHOURASIYA S/O BALRAM CHOURASIYA
                                 R/O WARD NO. 8 OLD BUS STAND PARASIYA
                                 TEHSIL PARASIYA DISTRICT CHHINDWARA
                                 (MADHYA PRADESH)

                           6.    PRIYESH CHOURASIYA S/O RAJU CHOURASIYA
                                 R/O WARD NO. 8 OLD BUS STAND PARASIYA
                                 TEHSIL PARASIYA DISTRICT CHHINDWARA
                                 (MADHYA PRADESH)

                                                                             .....RESPONDENTS
Signature Not Verified
Signed by: PUSHPENDRA
PATEL
Signing time: 12/14/2022
7:24:20 PM
                                                      2
                           (SHRI HARSHVARDHAN SINGH RAJPUT - ADVOCATE)

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

None for the petitioner.

This petition is filed by the petitioner being aggrieved of notice dated 05.12.2022 (Annexure P-1) issued by the Senior Section Engineer, South-East Central Railway, CWA, Chhindwara, asking the petitioner to remove his encroachment.

It is submitted that instead of filing reply, petitioner has approached this Court.

This issue is already settled that writ petition is not maintainable against show cause notice as held by the Supreme Court in cases of Executive Engineer, Bihar State Housing Board versus Ramesh Kumar Singh & Others (1996) 1 SCC 327 and Special Director & Another versus Mohd.Ghulam Ghouse & Another AIR 2004 SC 1467.

It is further submitted that petitioner has already filed his reply on 06.12.2022 and has then rushed to this Court on 08.12.2022, whereas demarcation took place on 28.11.2022, in which revenue authorities have found encroachment of the petitioner.

In any case, petition against show cause notice is not maintainable in terms of the judgment of the Supreme Court in Executive Engineer, Bihar State Housing Board versus Ramesh Kumar Singh & Others (supra) and Special Director & Another versus Mohd.Ghulam Ghouse & Another (supra).

Thus, petition being premature is dismissed as not maintainable in view of Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/14/2022 7:24:20 PM

aforesaid judgments of the Supreme Court.

(VIVEK AGARWAL) JUDGE

Later on :

Shri Sachin Soni, Advocate appears and prays for marking of his presence on behalf of the petitioner.

On his request, his presence is marked.

(VIVEK AGARWAL) JUDGE pp

Signature Not Verified Signed by: PUSHPENDRA PATEL Signing time: 12/14/2022 7:24:20 PM