Rishi Parashar vs State Of Madhya Pradesh

NEUTRAL CITATION NO. 2026:MPHC-JBP:89590
1 WP-21068-2019
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR

BEFORE
HON'BLE SHRI JUSTICE ALPESH Y. KOGJE,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE VIVEK JAIN
th
ON THE 4 OF NOVEMBER, 2026
WRIT PETITION No. 21068 of 2019
CNR No.: MPHC010502662019
RISHI PARASHAR
Versus
STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Krishna Kumar Pandey - Advocate with Ms. Ashmita Chand -
Advocate for the petitioner.
Dr. Siddharth Singh Chouhan - Government Advocate for the
respondents/State.
Shri Alok Vagrecha - Advocate with Shri Abhinesh Soni Advocate for
the intervenor.
ORDER
Per: Hon'ble Shri Justice Alpesh Y. Kogje, Chief Justice
The petitioner has filed the present petition under Article 226 of the
Constitution of India, seeking the following reliefs:-

"(1) Direct the respondents to produce the entire layout plan (An.-
P/1 & P/2) for perusal of this Hon'ble Court.
(2) Direct the respondents to produce the entire proceedings
relation to letter and report (Ann.-P/16 & P/17) dated 11.06.2019
and 24.06.2019 for perusal of this Hon'ble Court.
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 06-11-2026
18:31:31

NEUTRAL CITATION NO. 2026:MPHC-JBP:89590
2 WP-21068-2019
(3) After looking to the entire procedure kindly set aside the entire
proceedings in relation to (Ann .- P/16 & P/17)
(4) Direct the respondents to construct the Patan Kanera project
according to (Ann .- P/1 & P/2) layout within stipulated period.
(5) Direct the respondents to stop the entire exercise relation to
Ann .- P/16 and P/17.
(6) Set aside the order dated 16.09.2019 and direct the respondent
to construct the dam according to inspection dated 20.06.2018 and
project prepared according to Ann.- P/2 notified by the
Government dated 26.02.2018.
(7) Direct the respondent No. 1 to appoint one independent
inspection to produce the inspection report before cancelling the
Ann .- P/1 & P/2 sanctioned plan project.
(8) Grant any other relief as deemed fit and proper in
the circumstances of this case."

2. The Court may refer to the previous petition being W.P.
No.13382/2019 with regards to the Patan Kanera Irrigation Projects which
came to be disposed of vide order dated 19.07.2019 directing the petitioner
to file a fresh representation to the respondent No.1 therein which to be
decided alongwith the objections, if any, within a stipulated period and take
into consideration the reports of 1980 as well as 2018.
3. The reports would indicate that on 16.03.1981, the Executive
Engineer, Water Resources Survey Division, Seoni, had inspected the site of
the Kanera Project, and pursuant to such inspection, the proposed site was
earmarked in the Topo Sheet. It further appears that the site was again
inspected in the year 2015 and the relevant information in this regard was
uploaded on the departmental portal. The Government accorded sanction to
the Project on 16.11.2015. The detailed survey particulars of the selected site
had already been recorded in Topo Sheet No. 55N/6, on the basis of the
inspection report dated 16.03.1981. It is also found that administrative
approval for providing irrigation facilities to an area of 410 hectares, at an
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 06-11-2026
18:31:31

NEUTRAL CITATION NO. 2026:MPHC-JBP:89590
3 WP-21068-2019
estimated cost of Rs. 948.35 lakh, was accorded by the State Government

vide order dated 02.11.2017. Pursuant thereto, the work was entrusted to the
contractor, namely, M/s Arjun Singh Baghel, under the agreement dated
29.01.2018. Thus, a conjoint reading of the aforesaid inspection reports and
the relevant documents on record makes it evident that the site selected for
construction of the dam in the inspections conducted in the years 1981 and
2015/2016 was one and the same, and that there had been no change in the
location of the proposed dam.
4. It appears that it was an important project for water resources in the
district of Seoni which has not progressed at all. Apparently, in view of the
pendency of the present petition filed in the year 2019, the Court may refer
to an application (I.A. No.21410/2024) dated 19.11.2024, which is an
application filed by the petitioner for converting to P.I.L. with a prayer to
allow the application and to convert the petition to Public Interest Litigation
in the interest of justice.
5. This Court passed an order on 19.11.2024, which reads as under:-

"It appears that petitioner is not having any personal interest in the
matter and the present petition has been filed in the interest of
public at large.
Counsel for the petitioner submits that the petitioner has already
filed an application/ IA No. 21410/2024 for converting the present
petition into Public Interest Litigation.
Considering the pleadings of the petitioner, aforesaid IA is
allowed.
Office is directed to treat the present petition as PIL and place
before appropriate Bench."
6. In view of the aforesaid order, the petition was listed as a P.I.L. and
when the matter was taken up by this Court on 06.10.2026, after some
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 06-11-2026
18:31:31

NEUTRAL CITATION NO. 2026:MPHC-JBP:89590
4 WP-21068-2019
arguments, the matter was ordered to be listed today (04.11.2026) with the

time specified at 2:30 p.m. However, today, an application bearing I.A. No.
25128/2026, dated 26.10.2026, seeking conversion of the present P.I.L. into
a private petition under Article 226 of the Constitution of India, is listed for
consideration, with the following prayer:-

"a) Allow the application &
b) permit the petitioner to convert/reclassify the present Public
Interest Litigation into a regular writ petition under Article 226 of
the Constitution of India, in accordance with law;
c) Direct the Registry of this Hon'ble Court to carry out the
necessary changes in the classification and registration of the case
and assign a regular writ petition number, as deemed appropriate;
in the interest of justice."

7 . The Court is at pains to observe that an important project, like
setting up of a dam for larger public interest, has been stalled since 2019 by
filing of this petition. And though the project has stood the test of
technicalities, and that too pending the petition, and when the matter is at the
verge of the conclusion, an application is made, exactly contrary to a
previous application, for treating the present petition to be a petition with
private interest, not realizing the harm that the litigation has already caused
to the public interest.
8. As the learned counsel is seeking permission to withdraw the
petition, the Court is refraining from making strict observations against the
petitioner, however, deems it fit to impose cost of Rs.10,000/- (Rupees Ten
Thousand) upon the petitioner for the abuse of the process of law.
9. With the aforesaid observations, the petition is disposed of as
withdrawn with a cost of Rs.10,000/- (Rupees Ten Thousand Only) to be
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 06-11-2026
18:31:31

NEUTRAL CITATION NO. 2026:MPHC-JBP:89590
5 WP-21068-2019
paid by the petitioner in the account of the M.P. State Legal Aid Services

Authority within a period of 30 days from today and a compliance report is
to be submitted before the Registrar (Judicial).

(ALPESH Y. KOGJE)
(VIVEK JAIN)
CHIEF JUSTICE
JUDGE
Vatan
Signature Not Verified
Signed by: VATAN
SHRIVASTAVA
Signing time: 06-11-2026
18:31:31