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Madhya Pradesh High Court

Mohammad Istiyak Khan vs Union Of India on 19 January, 2023

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 19 th OF JANUARY, 2023
                                                   WRIT PETITION No. 16757 of 2021

                                   BETWEEN:-
                                   MOHAMMAD ISTIYAK KHAN S/O SHRI MOHAMMAD
                                   IBRAN KHAN, AGED ABOUT 54 YEARS, OCCUPATION:
                                   FARMING, R/O MOLANA AZAD WARD NO.15,
                                   CHANDIYA, TAHSIL AND P.S. CHANDIYA DISTT.
                                   UMARIA (MADHYA PRADESH)

                                                                                        .....PETITIONER
                                   (BY SHRI MAKBOOL KHAN - ADVOCATE)

                                   AND
                                   1.    UNION OF INDIA THROUGH SECRETARY
                                         MINISTRY OF POWER, ROOM NO.415, 4TH FLOOR,
                                         SHRAM SHAKTI BHAWAN, RAFI MARG, NEW
                                         DELHI (DELHI)

                                   2.    THE STATE OF M.P. THROUGH SECRETARY,
                                         ENERGY    DEPARTMENT VALLABH BHAWAN
                                         BHOPAL (MADHYA PRADESH)

                                   3.    THE CHAIRMAN, MPPKVVCL AND MD, M.P.
                                         POWER MANAGEMENT CO. LTD. RAMPUR,
                                         JABALPUR (MADHYA PRADESH)

                                   4.    SUPERINTENDENT   ENGINEER (O     AND M),
                                         MPPKVVCL      SHAHDOL DISTT.     SHAHDOL
                                         (MADHYA PRADESH)

                                   5.    EXECUTIVE ENGINEER, MPPKVVCL UMARIYA
Signature Not Verified
                                         DISTT. UMARIYA (MADHYA PRADESH)
  SAN




Digitally signed by PREM SHANKAR
MISHRA
                                                                                      .....RESPONDENTS
Date: 2023.01.20 18:06:09 IST
                                   (SHRI SANDEEP SHUKLA - ADVOCATE FOR RESPONDENT NO.1 AND
                                                              2
                                   SHRI SUYASH THAKUR - GOVERNMENT ADVOCATE FOR RESPONDENT
                                   NO.2)

                                          This petition coming on for admission this day, Hon'ble Shri Justice
                                   Ravi Malimath, Chief Justice passed the following:
                                                                        ORDER

The petitioner seeks the following reliefs:-

"(i) issue appropriate writ/order/direction in appropriate nature in the interest of justice.
(ii) To constitute a committee for inquiry into the entire matter and verify the works done by the respondents and punish the erring officers who have misused the funds allotted by the Government of India and sanctioned fake bills.
(iii) Any other writ/order or direction deemed fit and proper in the facts and circumstance of the case be also passed.
(iv) costs of the petition may kindly be awarded."

On considering the contentions, we are of the view that it would not be appropriate to entertain this petition. The petitioner has always an efficacious and alternate remedy of approaching the Lokayukta for necessary relief. The prayer sought for by the petitioner comes within the jurisdiction of the Lokayukta. Therefore, by granting such liberty to the petitioner, the petition is disposed off.

                                         (RAVI MALIMATH)                                        (VISHAL MISHRA)
                                           CHIEF JUSTICE                                             JUDGE
                                   psm




Signature Not Verified
  SAN




Digitally signed by PREM SHANKAR
MISHRA
Date: 2023.01.20 18:06:09 IST