Ram Kishan Patel vs The State Of Madhya Pradesh
2022 Latest Caselaw 13905 MP

                                                             1
                                          IN THE HIGH COURT OF MADHYA PRADESH
                                                       AT JABALPUR
                                                             BEFORE
                                               HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                                    ON THE 28th OF OCTOBER, 2022

                                                WRIT PETITION No. 17661 of 2022

                                       BETWEEN:-
                                       RAM KISHAN PATEL S/O LATE SHRI
                                       ISHWARDAYAL PATEL, AGED ABOUT 70 YEARS,
                                       OCCUPATION: FARMER R/O OSHO ASHRAM,
                                       VILLAGE GOTEGAON, TEH. GOTEGAON, DIST.
                                       NARSINGHPUR (MADHYA PRADESH)

                                                                                     .....PETITIONER
                                       (BY SHRI K. K. PANDEY, ADVOCATE)

                                       AND
                                  1.   THE STATE OF MADHYA PRADESH THROUGH
                                       ITS   PRINCIPAL  SECRETARY   REVENUE
                                       DEPARTMENT VALLABH BHAWAN, BHOPAL
                                       (MADHYA PRADESH)

                                  2.   COLLECTOR JABALPUR DISTRICT JABALPUR
                                       (MADHYA PRADESH)

                                  3.   REVENUE     DEPARTMENT    THROUGH     ITS
                                       CEILING CELL OFFICER, MRIGYENDRA SINGH
                                       REVENUE DEPARTMENT,        COLLECTORATE
                                       OFFICE, DISTRICT JABALPUR EARLIER POSTED
                                       SDO, REVENUE DEPARTMENT, DISTRICT
                                       JABALPUR (MADHYA PRADESH)

                                  4.   REVENUE DEPARTMENT THROUGH ITS SUB
                                       DIVISIONAL  OFFICER,  P.K. SENGUPTA,
                                       REVENUE DEPARTMENT, JABALPUR DISTRICT
                                       JABALPUR (MADHYA PRADESH)

                                  5.   TEHSILDAR PANAGAR DISTRICT JABALPUR
                                       (MADHYA PRADESH)

                                  6.   OM PRAKASH MISHRA S/O VISHWANATH
                                       M ISHRA R/O 252A, TRIMURTI NAGAR, NEAR
Signature Not Verified
  SAN
                                       AGHORI BABA MANDIR, RAJIV GANDHI WARD,
                                       DISTRICT JABALPUR (MADHYA PRADESH)
Digitally signed by ANURAG SONI
Date: 2022.10.31 18:44:53 IST


                                                                                   .....RESPONDENTS
                                                                   2
                                           (SHRI PIYUSH BHATNAGAR, LEARNED PANEL LAWYER FOR
                                           THE STATE)
                                           (SHRI BRIAN D'SILVA, LEARNED SENIOR COUNSEL ASSISTED
                                           BY SHRI ABHIJEET AWASTHI, LEARNED COUNSEL FOR THE
                                           RESPONDENT NO.6)

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

Learned counsel for the petitioner prays for withdrawal of this writ petition with liberty to agitate his issue before the Collector, Jabalpur.

Shri Brian D'silva, learned senior counsel has serious objection to this submission. He submits that the petition is not maintainable. The matter was already adjudicated by the competent authority. There is judgment and decree

against the petitioner, confirmed by the High Court and therefore, Collector has no jurisdiction to entertain any application moved on behalf of the petitioner. Petitioner has only remedy of challenging the orders of High Court in appropriate Court.

As far as withdrawal of the Writ Petition is concerned, that is the discretion of the petitioner. As far as jurisdiction of Collector or any other authority is concerned, that cannot be examined when prayer is made for withdrawal of the writ petition.

Petitioner is allowed to withdraw the petition as he is the dominus litis.

(VIVEK AGARWAL) JUDGE as

Signature Not Verified SAN

Digitally signed by ANURAG SONI Date: 2022.10.31 18:44:53 IST