Kiran Pidiha vs The Sub Divisional Officer
2024 Latest Caselaw 14515 MP

Madhya Pradesh High Court

Kiran Pidiha vs The Sub Divisional Officer on 16 May, 2024

Author: Chief Justice

Bench: Chief Justice

                                                               1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                        WA No. 1109 of 2024
                                          (KIRAN PIDIHA Vs THE SUB DIVISIONAL OFFICER AND OTHERS)

                          Dated : 16-05-2024
                                Shri Sanjay K. Agrawal - Advocate for appellant.


                                Aggrieved by the order dated 07.05.2024 passed by the learned Single
                          Judge in dismissing Writ Petition No.7755 of 2024, the petitioner is in appeal.
                                Primary contention being urged by the counsel for the appellant is that the
                          order passed by the learned Single Judge is contrary to the order of the Division

                          Bench in the case of Ganesh Ram Gayari vs Bagdiram and others reported in
                          (2013) 2 MPHT 447. That, the said judgment was brought to the notice of the
                          learned Single Judge. However, in spite of the judgment being brought to the
                          notice, the order has been passed against the dictate of the Division Bench.
                                We fail to understand as to how the learned Single Judge could override
                          the order of the Division Bench even after it is shown to him. We expect the
                          learned Single Judge to know that he is bound to the orders of the Division
                          Bench. It is apparent that even after taking note of the judgment, the same is still
                          not being followed. Therefore, we are of the view that the matter requires to be

                          reconsidered.
                                Admit.
                                Stay of the order dated 07.05.2024 passed by the learned Single Judge in
                          WP No.7755 of 2024.
                                Shri K.C. Ghildiyal - Senior Advocate with Shri Raj Kumar Tripathi -
                          Advocate appears on caveat for respondent No.2.

Shri Ritwik Parashar - Government Advocate takes notice for respondent No.1/State.

Issue notice to remaining respondents. I.A. No.6585 of 2024 for stay is disposed off.

                               (RAVI MALIMATH)                                   (VISHAL MISHRA)
                                 CHIEF JUSTICE                                        JUDGE

                          VV