Madhya Pradesh High Court
Municipal Corporation Jabalpur vs Kedarnath Singh Mandele on 18 July, 2022
Author: Chief Justice
Bench: Ravi Malimath, Vishal Mishra
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VISHAL MISHRA
ON THE 18th OF JULY, 2022
REVIEW PETITION No. 817 of 2022
Between:-
MUNICIPAL CORPORATION JABALPUR
THROUGH COMMISSIONER MUNICIPAL
CORPORATION JABALPUR (MADHYA
PRADESH)
.....PETITIONER
(SHRI R. N. SINGH - SENIOR ADVOCATE WITH SHRI
VIJAYENDRA SINGH CHOUDHARY AND SAURABH MAKHIJA-
ADVOCATES.
AND
1. KEDARNATH SINGH MANDELE S/O SHRI
HARISHANKAR, AGED ABOUT 45 YEARS, R/O
LILG 766, DHANWANTRI NAGAR COLONOY,
JABALPUR (MADHYA PRADESH)
2. STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY, DEPARTMENT OF
URBAN ADMINISTRATION AND
D E V E L O P M E N T MANTRALAYA, VALLABH
BHAWAN, BHOPAL (MADHYA PRADESH)
.....RESPONDENTS
(SHRI K C GHILDYAL- SENIOR ADVOCATE WITH SHRI
RAJESH KUMAR PANDEY, LEARNED COUNSEL FOR THE
RESPONDENT NO. 1).
This petition coming on for orders this day, Hon'ble Shri Justice Ravi
Malimath, Chief Justice passed the following:
ORDER
This review petition is filed seeking review/recall of order dated 2 09.08.2016 passed in W.A. No. 453 of 2016.
The writ appeal was dismissed by upholding the order passed by the learned Single Judge in W.P. No. 321 of 2015 directing regularization of the petitioner. The Corporation preferred S.L.P. (C) No. 32944 of 2018 before the Hon'ble Supreme Court probably after a delay of about two years. By order dated 13.08.2019, the S.L.P. was dismissed. Thereafter, MCC No. 1331 of 2022 was filed seeking for clarification of the order passed by the learned Single Judge. By order dated 24.06.2022, the same was dismissed. Subsequently, the instant review petition is filed. There is a delay of 2129 days in filing the review petition taking into account the order of the learned Division Bench of this Court dated 09.08.2016.
The learned Senior Counsel appearing for the petitioner submits that there is an error apparent on the face of the record that calls for interference. That the learned Single Judge and the Division Bench have committed an error.
However, on hearing the learned counsels we do not find any merit in this petition. Firstly, is the manner in which the proceedings have been conducted. After the dismissal of the writ appeal, an S.L.P. was preferred before the Hon'ble Supreme Court. After the dismissal of the S.L.P., the Corporation comes back to the High Court and seeks modification of the order not of the Division Bench but that of the learned Single Judge. That was also dismissed. Thereafter, this review petition is filed.
Having considered the manner in which the proceedings have been conducted, it is a clear case where the procedure in law is being misused by the Corporation. We do not expect the Corporation to conduct itself in such a manner as to initiate proceeding after proceeding for the same reason. Even though there may be some injury which is claimed by the review petitioner, the 3 same requires to be addressed in a manner known to law. Even after dismissal of the S.L.P., if the Corporation were to file an application seeking clarification of the order of the learned Single Judge then nothing much is left to be said. They have already filed a writ appeal against the order passed by the learned Single Judge and an SLP. We fail to understand as to how an application could be filed seeking clarification of the order of the learned Single Judge. Therefore, we have no hesitation to hold that these proceedings are nothing but an abuse of the process of the Court.
So far as merit is concerned, we do not find any error apparent on the face of the record that calls for any interference.
Hence, the review petition is dismissed on cost of Rs.50,000/- to be paid by the review petitioner to the Registry within a period of one week from today.
(RAVI MALIMATH) (VISHAL MISHRA)
CHIEF JUSTICE JUDGE
MSP
MANVENDRA SINGH
PARIHAR
2022.07.19 09:52:54 +05'30'