Brandawan Singh vs Rekha Yadav
2025 Latest Caselaw 1410 MP

Madhya Pradesh High Court

Brandawan Singh vs Rekha Yadav on 10 July, 2025

Author: Gurpal Singh Ahluwalia

Bench: G. S. Ahluwalia

           NEUTRAL CITATION NO. 2025:MPHC-GWL:14143




                                                             1                             MCC-2234-2025
                             IN     THE      HIGH COURT OF MADHYA PRADESH
                                                   AT GWALIOR
                                                         BEFORE
                                          HON'BLE SHRI JUSTICE G. S. AHLUWALIA
                                                   ON THE 10th OF JULY, 2025
                                              MISC. CIVIL CASE No. 2234 of 2025
                                                    BRANDAWAN SINGH
                                                          Versus
                                                 REKHA YADAV AND OTHERS
                          Appearance:
                                  Shri Sarvesh Sharma and Shri Priyanshu Yadav - Advocates for
                          applicant.

                                                                 ORDER

This application has been filed for restoration of Writ Petition No.17161/2025 which was dismissed on account of non-compliance of peremptory order dated 19.06.2025 and the formal order of Principal Registrar passed on 30.06.2025.

2. It is submitted by counsel for the applicant that applicant had filed miscellaneous petition No.1962/2021. When the said miscellaneous petition came up for hearing on 01.05.2025, counsel for applicant made verbal

submission for conversion of the miscellaneous petition into petition under Article 226 of Constitution of India purportedly in the light of order passed by Division Bench of this Court in the case of Babulal and Others Vs. Rajveer Singh and Others decided on 03.07.2024 in R.P. No. 869/2021 . The verbal prayer was allowed and Miscellaneous Petition No.1962/2021 was converted into Writ Petition No.17161/2025 subject to payment of deficit

NEUTRAL CITATION NO. 2025:MPHC-GWL:14143

2 MCC-2234-2025 court fee, with a direction to the petitioner to make necessary amendments within a week. However, the applicant could not carry out the amendment in the writ petition and, accordingly, in view of peremptory order dated 19.06.2025, the writ petition was dismissed by formal order passed by Principal Registrar of this Court on 30.06.2025.

3. It is submitted by counsel for the applicant that the mistake was bona fide and, therefore, the writ petition may be restored to its original file.

4. Considered the submissions made by counsel for applicant.

5. A Co-ordinate Bench of this Court in the case of Pradeep Kumar Lal Vs. State of M.P. & Ors. decided on 14.05.2025 (Principal Seat) in W.P. No.31235/2024 has held that the power of superintendence can be exercised by this Court under Article 227 of Constitution of India against the orders

passed by the revenue courts and, therefore, the Division Bench of this Court did not consider the judgment passed by the Supreme Court in the case of S.K. Sarkar, Member, Board of Revenue, U.P., Lucknow Vs. Vinay Chandra Misra, reported in (1981) 1 SCC 436 . Thus, a direction has been issued to the Registry not to point out any defect if a petition challenging order passed under M.P.L.R. Code is challenged under Article 227 of Constitution of India.

6. In view of the above, this Court is of the considered opinion that a prima facie case is made out for restoration of W.P. No.17161/2025. It is accordingly restored to its original file.

7. Office is directed to keep a copy of order dated 14.05.2025 passed in W.P. No.31235/2024 in the file of W.P. No.17161/2025 for inviting the

NEUTRAL CITATION NO. 2025:MPHC-GWL:14143

3 MCC-2234-2025 attention of the court before which the case shall be listed.

8. With aforesaid observation, this application is allowed.

(G. S. AHLUWALIA) JUDGE

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