Madhya Pradesh High Court
Abdul Kalam Azad vs The State Of Madhya Pradesh on 2 February, 2022
Author: Vishal Dhagat
Bench: Vishal Dhagat
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE VISHAL DHAGAT
ON THE 2nd OF FEBRUARY, 2022
WRIT PETITION No. 27544 of 2021
Between:-
1. ABDUL KALAM AZAD S/O ABDUL AMEER , AGED
ABOUT 60 YEARS, OCCUPATION: BUSINESS
ANKUR COMPLEX, MIG NO.6, BUS STOP NAGAR
NIGAM WARD NO.45, BHOPAL (MADHYA
PRADESH)
2. JAVED KHAN ALIAS ABDUL KADER S/O SHRI
ABDUL KALAM AZAD , AGED ABOUT 36 YEARS,
OCCUPATION: BUSINESS ANKUR COMPLEX, MIG
NO.6, BUS STOP NAGAR NIGAM WARD NO.45,
BHOPAL (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ASHOK LALWANI, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
PRINCIPAL SECRETARY GENERAL ADMIN.DEPTT.
VALLABH BHAWAN BHOPAL (MADHYA PRADESH)
2. STATE OF M.P. THR. PRINCIPAL SECRETARY
REVENUE DEPARTMENT VALLABH BHAWAN
BHOPAL (MADHYA PRADESH)
3. RENT CONTROL AUTHORITY SUB DIVISION
OFFICER T.T. NAGAR DIVISION KOLAR BHOPAL
(MADHYA PRADESH)
4. TEHSILDAR KOLAR OFFICE OF COLLETOR
BHOPAL (MADHYA PRADESH)
5. SHRI SANJAY SHRIVASTAVA S/O NOT KNOWN ,
AGED ABOUT 50 YEARS, OFFICIATING AS RENT
CONTROL AUTHROITY RAJDHANI PARIYOGNA
T.T NAGAR DIVISION (MADHYA PRADESH)
6. SHRI SANTOSH MUDGAL S/O NOT KNOWN , AGED
ABOUT 45 YEARS, OFFICIATING AS TAHSILDAR
OFFICE SDO (MADHYA PRADESH)
7. VIJAY VERMA S/O PREM SHANKAR VERMA E-22
SHANKAR NAGAR NEAR PARUL HOSPITAL
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SIDHARTH SHARMA, PANEL LAWYER )
Signature Not (Heard through Video Conferencing)
SAN
Verified
This petition has come up for hearing on this day and the court passed the
Digitally signed by
MONSI M SIMON
Date: 2022.02.15 following:
11:03:42 IST
2
ORDER
1. Petitioners have filed this writ petition praying for the following reliefs:-
"7(i) To undertake extensive exercise and search out cases throughout the State of M.P wherein the Rent Control Authority/Sub-Divisional Commissioners have passed illegal order beyond the preview of Chapter III- A of the Act of 1961 and have snatched the property of poor person or are about to snatch the property of poor person including respondent nos.5 & 6.
(ii) To take departmental action against all erring Sub-Divisional Officers/Rent Control Authorities including respondent nos.5 & 6.
(iii) To order the Lokayukt to investigate the corruption in such cases and also their assets disproportionate to their income and suitably prosecute them including respondent nos.5 & 6."
2. If petitioners want that this Court should pass a writ/order giving general direction in State of M.P. to find out where Rent Control Authority has misdirected themselves and had passed orders evicting poor tenants from property, then petitioners may prefer a Public Interest Litigation and no direction can be issued at the instance of petitioners in respect of Rent Control Authority/Sub-Divisional Officers all over the State of M.P. In view of same, petition for relief no.7(i) of writ petition is dismissed.
3. Petitioners have made a prayer in relief para 7(ii) to initiate departmental action against erring Rent Control Authority/Sub-Divisional Officers.
4. Petitioners have no locus to file a writ petition for directing departmental action against Rent Control Authority or Sub-Divisional Officers in general. In view of same, petition for relief no.7(ii) of writ petition is also dismissed.
5. Petitioners have made a third prayer to direct Lokayukt to investigate Rent Control Authority/Sub-Divisional Officers.
6. Petitioners are having remedy to approach Lokayukt or to take action in accordance with law for seeking such a prayer. Since petitioners are having alternative remedy, therefore, writ petition in respect of relief no.7(iii) of writ petition cannot be entertained by this Court.
Signature SAN Not Verified
7. Resultantly, writ petition filed by petitioners is dismissed.
Digitally signed by MONSI M SIMON Date: 2022.02.15 11:03:42 IST 3 (VISHAL DHAGAT) JUDGE mms Signature SAN Not Verified Digitally signed by MONSI M SIMON Date: 2022.02.15 11:03:42 IST