[Cites 1, Cited by 0]
Madhya Pradesh High Court
Dulap Singh vs The State Of Madhya Pradesh on 19 February, 2026
NEUTRAL CITATION NO. 2026:MPHC-JBP:14454
1 WP-22270-2015
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE SANDEEP N. BHATT
ON THE 19th OF FEBRUARY, 2026
WRIT PETITION No. 22270 of 2015
DULAP SINGH AND OTHERS
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Khalid Noor Fakhruddin - Advocate for the petitioners.
Shri Sunil Rao, P.L. for respondent/State.
ORDER
When the matter is called out, no one appears to press
I.A.No.1215/2016, an application for change of counsel on behalf of
petitioners.
Shri K.N.Fakhruddin, Advocate appears and submits that he has no
objection to allow, I.A.No.1215/2016.
Accordingly, I.A. No.1215/2016 is allowed and petitioners are
permitted to change the counsel.
Learned counsel for the State submits that return has been filed and the
matter can be decided in view of the return.
The matter is pending since 2015 and necessary respondent has filed
the return.
Present petition is filed by the petitioners seeking following reliefs :-
"(i) To direct the respondents to give and release the
NEUTRAL CITATION NO. 2026:MPHC-JBP:14454
2 WP-22270-2015
amount auction to petitioner No.1 to 5.
(ii) To direct the respondents to properly value the price
of timber of petitioner No.6,7 and 8 and pay the
enhanced amount.
(iii) To direct the respondents forest department and
revenue department and other departments not to delay the
matter and immediately deposit the amount of petitioners in
their bank accounts.
(iv) 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."
2. Return has been filed by the respondents alongwith I.A.No.5975/2016.
In para-11 of the return reads as under :-
"That, the answering respondents have filed return in
W.P.No.931/2016 and W.P.No.1168/2016, wherein
Superintendent of Police, Balaghat has filed return, placing on
record that a criminal investigation was initiated against the
accused persons in Crime No.631/2015 at Police Station, Kotwali
District Balaghat and out of 29 accused, 20 accused have been
arrested and 09 are absconding. On perusal of the aforesaid
return, it is clear that the present is not the case where this Hon'ble
court should exercise extraordinary power under Article 226 of the
NEUTRAL CITATION NO. 2026:MPHC-JBP:14454
3 WP-22270-2015
Constitution of India, Firstly, looking to the fact that the order
passed by Additional Collector, is without jurisdiction, Secondly,
the Collector in exercise of power under section 51 of M.P. Land
Revenue Code, after permission from Commissioner, has reviewed
the order passed by Additional Collector (Annexure P/1) and
thirdly, the criminal case is pending wherein large scale illegalities
are indicated against the Officers of the State Government and
also beneficiaries and forest mafias, who are indulged in illegal
felling of trees."
3. From the return, it transpires that the Collector in exercise of powers
under section 51 of the MPLRC, after permission from the Commissioner
has reviewed the order passed by the Additional Collector (Annexure P/1)
which is under challenged and subject matter of the present petition. In view
of this, since the Collector has already reviewed the impugned order, the
present petition has rendered infructuous.
4. In view aforesaid, present petition is disposed off having rendered
infructuous.
(SANDEEP N. BHATT)
JUDGE
MKL
