Smt. Lata Patel vs State of M.P. & others

This petition, filed under Article 226 of the Constitution, takes exception

to the order dated 17.02.2012 (Annexure-P/2) passed by the Additional

Collector and the order dated 20.08.2014 (Annexure-P/1) passed by the

Additional Commissioner, whereby the order of Additional Collector

aforesaid is upheld.

Criticizing these orders, it is urged by Shri Singh, learned counsel for

the petitioner that learned Sub Divisional Officer has rightly passed the

order dated 10.05.2008 (Annexure-P/6). Learned Additional Collector

and Commissioner have erred in taking a different view. He submits that

in the event this Court does not interfere with the orders impugned, petitioner may be given liberty to rely on relevant documents.

Shri Yadav, learned P.L. and Smt. Patel have no objection to this

innocuous prayer.

So far the impugned orders are concerned, it is seen that the

orders are not called in question on the ground of competency of

the authorities. No procedural impropriety or perversity is pointed

out which warrants interference of this Court. The learned Collector

has merely remitted the matter back and directed the Sub

Divisional Officer to hear the parties on merit and pass appropriate

orders in accordance with law. He exercised his judicial discretion

which cannot be said to be without jurisdiction or improper.

The scope of interference under Article 226 of the Constitution is

limited. This Court is not obliged to sit and act as Appellate

Authority. In absence of showing any jurisdictional error, palpable

impropriety or manifest perversity, no case is made out. However,

in view of the stand of the parties, liberty is given to the petitioner

to file and rely on relevant documents before the Sub Divisional

Officer.

Needless to mention that the Sub Divisional Officer may

consider the said documents in accordance with law.

With the aforesaid observations, petition is disposed of. No costs.