MP HC | Order by Single Judge beyond records of the case; it is beyond facts, and it is beyond truth; Appeal by State allowed

Madhya Pradesh High Court: The Division Bench of Ravi Malimath, CJ and Purushaindra Kumar Kaurav, J. allowed a writ appeal filed by the State against the order of the Single Judge in issuing directions to the respondents with regard to recording the names of the petitioner and legal representatives of Late Badri Prasad as the owner of the land and consequential orders.

The State contended that the order had been passed with undue and unexplained haste and urgency. The petition was filed on 12-06-2018 which was the time of summer vacation. On the very first day, the matter was listed, the petition had been disposed off by giving various directions. Hence, on this ground itself, the writ petition was required to be dismissed. It was further contended that the prayer sought by the writ petitioner is for implementation and the second prayer to hold that the order dated 13-1-1983 had attained finality. It was informed that order granted by the Single Judge was a direction to record the names of the petitioner and LRs of Late Badri Prasad as owner of the land, in terms of the order dated 13-1-1983. However, the order dated 13-1-1983 was an order of remand and not an order directing to enter anybody’s name. In spite of it, such an order had been passed. It was submitted that 142 acres of precious lands were involved in this petition and that the Government should have been heard before any order was to be passed. Without even issuing any notice, the order had been passed. It is further pleaded that there was material suppression of facts by the petitioner.

The Court heard the parties and was of the opinion that unfortunately, gross injustice had happened. The Court further stated that the fact that the petition was filed on 12-6-2018. It was listed on the very next working day namely on 14-6-2018. It was a summer vacation. It was only matters of absolute urgency that could be filed during summer vacation. There was not even an interim order sought for in the petition. However, an application for urgent hearing was filed and it was disposed off without even notice to the government. The Court believed that on this ground itself not only the writ appeal should be allowed, but even the writ petition should be dismissed for such conduct of the petitioner.

When there is no urgency, the question of filing such a petition and moving it on the ground of an application for urgent hearing cannot be encouraged by this Court.

The Court was shocked beyond words wondering how such a direction could be passed directing the respondents/State to record the names of the petitioner and Legal Representatives of Late Badri Prasad as the owner of the land while the order of 13-1-1983 was an order of remand.

It is beyond the records of the case; it is beyond facts; and it is beyond truth. The Court allowed the writ appeal holding that the entire act of the petitioner in preparing the documents to file a writ petition without any interim order during the summer vacation; to move a matter for early hearing by filing an interlocutory application and obtaining an order beyond pleadings of the case, is a self designed plan of the petitioner in order to hoodwink the respondents.

The petitioner has misused the rights granted to him, created false documents and obtained a false order. The petitioner requires to be dealt with appropriately. So far as the merits are concerned, the impugned order becomes unsustainable inasmuch as the writ petition.

[State of Madhya Pradesh v. Shyam Sundar Sharma,  2022 SCC OnLine MP 807, decided on 04-04-2022]


For appellants: Mr Suyash Thakur

For respondents: Mr D.K. Upadhyay


Suchita Shukla, Editorial Assistant has reported this brief.

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