Shobharam vs The State Of Madhya Pradesh
2023 Latest Caselaw 13684 MP

                                                            1
                           IN      THE     HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                     BEFORE
                                       HON'BLE SHRI JUSTICE VIVEK AGARWAL
                                              ON THE 22 nd OF AUGUST, 2023
                                             WRIT PETITION No. 28852 of 2021

                          BETWEEN:-
                          SHOBHARAM S/O RATNA VANSHKAR, AGED ABOUT 50
                          YEARS, OCCUPATION: LABOUR VILL. GHUWARA TAH.
                          GHUWARA DISTT. CHHATARPUR (MADHYA PRADESH)

                                                                                        .....PETITIONER
                          (NONE)

                          AND
                          1.    THE STATE OF MADHYA PRADESH THR.
                                PRINCIPAL  SECRETARY REVENUE DEPT.
                                MANTRALAYA VALLABH BHAWAN BHOPAL
                                (MADHYA PRADESH)

                          2.    THE     COLLECTOR C H H ATA R P U R DISTT-
                                CHHATARPUR (MADHYA PRADESH)

                          3.    SUB   DIVISIONAL   OFFICER  (REVENUE)
                                BADAMALHARA DISTT CHHATARPUR (MADHYA
                                PRADESH)

                          4.    THE TAHSILDAR GHUWARA DISTT-CHHATARPUR
                                (MADHYA PRADESH)

                                                                                     .....RESPONDENTS
                          (BY SHRI SUBODH KATHAL - GOVERNMENT ADVOCATE)

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

Shri Subodh Kathal, learned Govt. Advocate, submits that petitioner has filed this petition being aggrieved of order dated 08.03.2021 (Annx.P/1), which is a show cause notice issued by the Tahsildar Ghuwara, District Chhatarpur. Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/24/2023 3:48:57 PM

It is submitted that petitioner has a remedy of filing reply and satisfy the authority that why show cause notice should be withdrawn.

It is also submitted that writ petition against show cause notice is not maintainable in the light of the judgment of Hon'ble Supreme Court in Union of India and another Vs. Kunisetty Satyanarayana [(2006) 12 SCC 28], wherein, Hon'ble Supreme Court has held that writ petition against a show cause notice is ordinarily not maintainable. The High Court can quash a charge sheet or show cause notice if it is found to be wholly without jurisdiction or otherwise wholly illegal.

No such case is made out in the present case, therefore, this Court

refuses to show indulgence.

Accordingly, petition being devoid of merits an premature, is dismissed.

(VIVEK AGARWAL) JUDGE A.Praj.

Signature Not Verified Signed by: ASHWANI PRAJAPATI Signing time: 8/24/2023 3:48:57 PM