Madhya Pradesh High Court

Rewa Singh Markam vs The State Of Madhya Pradesh on 4 July, 2025

Author: Vishal Mishra

Bench: Vishal Mishra

          NEUTRAL CITATION NO. 2025:MPHC-JBP:29423




                                                                 1                           WP-24778-2025
                              IN     THE       HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                          BEFORE
                                            HON'BLE SHRI JUSTICE VISHAL MISHRA
                                                      ON THE 4 th OF JULY, 2025
                                                 WRIT PETITION No. 24778 of 2025
                                                  REWA SINGH MARKAM
                                                         Versus
                                       THE STATE OF MADHYA PRADESH AND OTHERS
                           Appearance:
                              Shri Atul Singh Bhardwaj - Advocate for the petitioner.
                              Shri A. S. Baghel - GA for the respondents / State.

                                                                     ORDER

This petition is filed seeking the following reliefs :-

7.1. That, it is therefore, prayed that Hon'ble Court may kindly be pleased to issue a Writ in the nature of Mandamus directing the respondent to consider and decide the pending representation of the petitioner (contained in Annexure P/4), in accordance with law, in the interest of justice.

7.2. Any other relief or writ or direction or order which this Hon'ble court may deem fit and proper looking the facts and circumstances of the case be awarded to the Petitioner including the cost of the litigation.

2. It is pointed out that the several complaints have been made with respect to illegal action taken by some private persons and they are not permitting the petitioner to carry out fishing activities. Complaints have also been made to the police authorities regarding threatening and beating being given to the petitioner. However, no action has been taken by the authorities, therefore, an innocuous prayer is made to direct the authorities to consider and decide the pending representation of the petitioner.

NEUTRAL CITATION NO. 2025:MPHC-JBP:29423

2 WP-24778-2025

3. If no action is taken by the authorities on the pending representation of the petitioner regarding harassment and not permitting the petitioner to carry out the fishing activities forcefully, the petitioner is having a remedy to approach the concerning Magistrate by filing a proper application under Section 156(3) of CrPC (Section 175(3) of BNSS) or by filing a private complaint under Section 200 of CrPC (Section 223 of BNSS) in view of the judgments of Hon'ble Supreme Court in the cases of Sakiri Vasu v. State of U.P., (2008) 2 SCC 409, Sudhir Bhaskarrao Tambe v. Hemant Yashwant Dhage, (2016) 6 SCC 277, Vinubhai Haribhai Malaviya v. State of Gujarat, (2019) 17 SCC 1 and M. Subramaniam v. S. Janaki, (2020) 16 SCC 728.

4. In view of an alternative and efficacious remedy available to the petitioner, this Court is not inclined to direct the Collector or the Superintendent of Police to take action on the said complaint.

5. Consequently, the petition stands dismissed. However, the petitioner is at liberty to approach the concerning Magistrate by filing a proper application under Section 156(3) of CrPC (Section 175(3) of BNSS) or by filing a private complaint under Section 200 of CrPC (Section 223 of BNSS).

(VISHAL MISHRA) JUDGE