Rashidan Bee vs Israil
2025 Latest Caselaw 3245 MP

Madhya Pradesh High Court

Rashidan Bee vs Israil on 23 January, 2025

Author: Vijay Kumar Shukla

Bench: Vijay Kumar Shukla

          NEUTRAL CITATION NO. 2025:MPHC-IND:1781




                                                              1                              MP-2419-2024
                              IN     THE      HIGH COURT OF MADHYA PRADESH
                                                     AT INDORE
                                                        BEFORE
                                       HON'BLE SHRI JUSTICE VIJAY KUMAR SHUKLA
                                                 ON THE 23rd OF JANUARY, 2025
                                                 MISC. PETITION No. 2419 of 2024
                                                          RASHIDAN BEE
                                                              Versus
                                                             ISRAIL
                           Appearance:
                                   Shri Anirudh Saxena - advocate for the petitioner.

                                   Shri Avinash Kumar Khare - advocate for the respondent.

                                                                  ORDER

Counsel for the respondent submits that the present petition is filed under Article 227 of Constitution of India challenging order of Additional Commissioner, Ujjain Division. The petition under Article 227 of Constitution of India is not maintainable. The petitioner ought to have filed petition under Article 226 of Constitution of India in the light of judgment passed by the coordinate bench of this Court in case of (Heeralal Vs. Laxmibai and Others) in MP No.3857/2022.

Considering the aforesaid submission, the present petition is dismissed as not maintainable. However, liberty is granted to the petitioner to file fresh petition under Article 226 of Constitution of India.

The certified copy of the documents alongwith the petition shall be returned to the petitioner on retaining the photocopy of the same.

The interim order passed by this Court shall continue for a period of

NEUTRAL CITATION NO. 2025:MPHC-IND:1781

2 MP-2419-2024 two weeks. If the petition under Article 226 of Constitution of India is not filed within the said period then the stay order shall automatically come to an end.

With the aforesaid, the petition stands disposed off.

(VIJAY KUMAR SHUKLA) JUDGE

ajit