Balkrisna Batham vs The State Of Madhya Pradesh
2023 Latest Caselaw 7881 MP

                                     1
 IN     THE        HIGH COURT OF MADHYA PRADESH
                         AT GWALIOR
                          BEFORE
        HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
                         ON THE 12 th OF MAY, 2023
                     WRIT PETITION No. 4651 of 2023

BETWEEN:-
BALKRISNA BATHAM S/O LATE SHRI GANGARAM
BATHAM, AGED ABOUT 73 YEARS, OCCUPATION NILL,
WARD NO. 30 HANUMAN GADI HOLY CROSS SCHOOL
KE PASS DATIA (MADHYA PRADESH)

                                                               .....PETITIONER
(BY SHRI UMESH KUMAR BOHARE - ADVOCATE)

AND
1.    THE STATE OF MADHYA PRADESH THROUGH
      PRINCIPAL SECRETARY SCHOOL EDUCATION
      DEPARTMENT,    MANTRALAYA     VALLABH
      BHAWAN BHOPAL (MADHYA PRADESH)

2.    C O L L E C T O R , DISTRICT       DATIA   (MADHYA
      PRADESH)

3.    DISTRICT EDUCATION OFFICER DISTRICT DATIA
      (MADHYA PRADESH)

                                                            .....RESPONDENTS
(BY SHRI VIVEK KHEDKAR - ADDITIONAL ADVOCATE GENERAL)

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

The present petition under Article 226 of the Constitution of India has been filed by the petitioner.

The present petition is totally misconceived petition as the petitioner is seeking quashment of judgment passed by the Court of the First Civil Judge

Class -I, District Datia whereby an application under Section 372 of the Hindu Succession Act has been adjudicated. The aforesaid judgement passed by a competent civil court cannot be challenged under writ jurisdiction, the proper forum is to challenge it by way of an appeal.

At this juncture, learned counsel for the petitioner prays for withdrawal of this petition with liberty to move appropriate representation before the competent authority for redressal of his grievance, which is there apart from the challenge to the judgment of the trial Court.

The prayer so made by the learned counsel for the petitioner is opposed by the learned Additional Advocate General.

Looking to the other relief, this Court deems fit to disposed of the petition with a direction to the petitioner to move appropriate representation before the competent authority for redressal of his grievances, apart from challenge to the judgment passed by the Civil Court.

With the aforesaid direction, the petition is disposed of.

(MILIND RAMESH PHADKE) JUDGE AK/-

ANAND KUMAR 2023.05.13 10:44:17 +05'30'