Smt. Alop Bai vs The State Of Madhya Pradesh
2024 Latest Caselaw 13998 MP

Madhya Pradesh High Court

Smt. Alop Bai vs The State Of Madhya Pradesh on 13 May, 2024

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                            1
                            IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT JABALPUR
                                                    BEFORE
                                 HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                                 ON THE 13 th OF MAY, 2024
                                             WRIT PETITION No. 12865 of 2024

                           BETWEEN:-
                           SMT. ALOP BAI W/O LATE SHRI UTTAM SINGH, AGED
                           ABOUT    48   YEARS, OCCUPATION: HOUSE WIFE
                           RESIDENT OF H NO 14 SESADABAR TEHSIL
                           GADARWARA DISTRICT NARSINGHPUR (MADHYA
                           PRADESH)

                                                                                       .....PETITIONER
                           (BY SHRI ABHISHEK KUMAR MISHRA - ADVOCATE)

                           AND
                           1.    THE STATE OF MADHYA PRADESH THROUGH
                                 COLLECTOR DISTRICT NARSINGHPUR (MADHYA
                                 PRADESH)

                           2.    SUB     DIVISIONAL     OFFICER    (REVENUE)
                                 G A D A R W A R A DISTRICT     NARSINGHPUR
                                 (MADHYA PRADESH)

                           3.    CHIEF EXECUTIVE OFFICER, JILA PANCHAYAT,
                                 N A R S I N G H P U R DISTRICT NARSINGHPUR
                                 (MADHYA PRADESH)

                           4.    CHIEF   EXECUTIVE    OFFICER,   JANPAD
                                 PANCHAYAT     BABAI    CHICHLI DISTRICT
                                 NARSINGHPUR (MADHYA PRADESH)

                                                                                     .....RESPONDENTS


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

This petition under Article 226 of Constitution of India has been filed

seeking the following reliefs :-

(i) To issue a writ in the nature of nature of mandamus by directing the respondent no.2 to decide the application dated 22.11.2023 within a period of one month.

(ii) To grant any other relief, which this Hon'ble court may deem fit and proper in the facts and circumstances of the case including cost of the litigation in favour of the petitioner.

(iii) Cost of the petition.

2. It is submitted by counsel for petitioner that the petitioner has filed an appeal on 22.11.2023 but the respondent no.4 has not decided the appeal so far and accordingly, it is prayed that the respondent no.2 be directed to decide the

appeal as early as possible.

3. Heard the learned counsel for the petitioner.

4. The petitioner has not filed the copy of the ordersheets to show any lethargic attitude on part of the respondent no.2. Even otherwise, in the light of judgment passed by the Supreme Court in the case of High Court Bar Association, Allahabad Vs. State of U.P. and Others decided on 29.02.2024 in Criminal Appeal No.3589/2023, the Constitutional Courts should not fix the outer limits merely because one party has resources to approach the higher Court.

5. Since no reasonable time has lapsed to draw an inference against the Presiding Officer, this Court is of considered opinion that at present no case is made out warranting interference in the matter.

6. The petition fails and is hereby dismissed.

(G.S. AHLUWALIA) JUDGE TG /-