Swaleen Khan Rangrez vs The State Of Madhya Pradesh
- Court
- Madhya Pradesh High Court
NEUTRAL CITATION NO. 2026:MPHC-JBP:88590
1 WP-39090-2026
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
nd
ON THE 2 OF NOVEMBER, 2026
WRIT PETITION No. 39090 of 2026
CNR No.: MPHC010694182026
SWALEEN KHAN RANGREZ AND ANR
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Saket Anand - Advocate for the petitioners.
Shri Prabhanshu Shukla - Govt. Advocate with Shri Arihant Tiwari -
Panel Lawyer for the State.
WITH
WRIT PETITION No. 20450 of 2026
CNR No.: MPHC010389782026
SHRIKANT MISHRA
Versus
THE STATE OF MADHYA PRADESH AND OTHERS
Appearance:
Shri Saket Anand - Advocate for the petitioners.
Shri Prabhanshu Shukla - Govt. Advocate with Shri Arihant Tiwari -
Panel Lawyer for the State.
ORDER
This order shall govern the disposal of both the aforesaid writ
petitions.
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 03-11-2026
15:51:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:88590
2 WP-39090-2026
2 . In both the petitions, the orders dated 03.06.2026 (Annexure P-
7) passed by the Collector, Jabalpur directing lodging of first information
report against the present petitioners are under challenge.
3. It is contended by the counsel for the petitioners that the powers
have been exercised by the Collector under Section 61-D of the M.P.
Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.The Collector has
passed the orders in utter violation of the principles of natural justice. The
petitioners were issued notice, they appeared before Collector and made
request that the petitioners would be in a position to submit their replies only
when they are in possession of the entire documents and after examining the
person, who had submitted the report before the Collector. Without
appreciating this aspect the Collector has passed the impugned orders. The
orders impugned are nullity and are liable to be set aside having been passed
in violation of the principles of natural justice.
4 . The counsel for the State, on the other hand, has opposed the
contentions raised by the counsel for the petitioners and submitted that the
orders passed by Collector under the provisions of M.P. Panchayat Raj Avam
Gram Swaraj Adhiniyam, 1993 are appealable in terms of Rule 3 of Madhya
Pradesh Panchayat Raj (Appeal and Revisions) Rules, 1995. As there exists a
remedy of appeal before Commissioner against the order of Collector, these
petitions are not maintainable. Return in one of the petitions has been filed
and a perusal of the same reflects that the petitioners have approached this
Court while taking recourse to misconceived grounds.
5. Heard submissions and perused the record.
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 03-11-2026
15:51:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:88590
3 WP-39090-2026
6. On perusal of the record, it reflects that after receiving the notice
issued by Collector the petitioners appeared before Collector and made a
request which is mentioned by the Collector in his order. The relevant part of
the order, which is identical in both the petitions, is reproduced herein.
" /
अनावेदक दारा िनवेदन आप क गयी है क वह यह
,
अिधकार सुर त रखता है क वह द तावेज क ाि! सा "य के
अवलोकन और ितवेदन तैयार करने वाले संबंिधत उपिधकार ) के
/
पर )ण ितपर)ण के प +ात करण के त ,यो पर अपना अंितम
जवाब तुत कर सकेगा।
अनावेदक का उ / िनवेदन िनराधार एवं बेबुिनयाद है।
चूं क करण म 3 सलं 4न वत 5मान खसर से यह प6 7प से
-
माणत है क अनावेदक दारा उ / भूिम को भू ख 9ड म
04 -
वभाजत कर भू ख 9ड का व;य कया है। जससे जांच
,
अिधकार ) के बयान ितपर)ण क आव <यकता नह ) रह जाती।
अनावेदक यह िस = करने म 3 नाकाम रहा है क उसके दारा बना
04 -
स म वीकृित के भू ख 9ड का द तावेजी सा "य से यह
04 -
माणत नह ) कर वीकृित के अधीन ह ) भू ख 9ड का व;य
नह ) कया है। अनावेदक सका है क उसके दारा स म व;य
कया है। ?य क इस Aयायालय म 3 जस कसी भी य / के दारा
,
कॉलोनाईजर र ज D)करण माण प E वकास अनु Fा ा! क
जाती है उस य / का Gरकाड5 इस काया 5लय मे संधा Gरत एवं
उपल Hध होता है। जब क अनावेदक के नाम से इस काया 5लय दारा
र ज D)करण माण प E एवं वकास अनु Fा का कोई Gरकाड5
"
उपल Hध नह ) है।
7 . A perusal of the aforesaid reflects that the petitioners appeared
before the Collector and made a request that they would submit final reply
after receiving the documents and after perusing the entire records including
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 03-11-2026
15:51:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:88590
4 WP-39090-2026
the report and also after examining the officer concerned who had submitted
the report. The Collector dealt with the said requests of the petitioners and
rejected the same, which is evident from the later paragraph quoted
hereinabove.
8. The aforesaid clearly reflects that in the cases in hand there were no
replies on merit by the petitioners to the notice issued by the Collector.
Petitioners had made a request before the Collector for filing replies after
perusing the documents. The documents, according to petitioners, were not
available with them by the time of passing of the orders by the Collector.
According to petitioner the documents have been subsequently obtained in
one of the cases. Therefore, this Court is of the view that the Collector, in the
cases in hand, was required to pass orders after taking into consideration the
petitioners' stand on merits. Apparently, before the Collector prayer was
made by the petitioners to supply the documents and then grant time to file
response. As the aforesaid eventualities in both the cases have not been taken
place, therefore, in the considered view of this Court, the Collector is
required to bestow his consideration afresh on the matter.
9 . Resultantly, the petitions are allowed. Impugned orders dated
03.06.2026 (Annexure P-7) in both the petitions are hereby quashed. The
matters are remitted back to the Collector, Jabalpur with a direction to first
make available the documents to the petitioners which are being demanded
by them. The petitioners upon receipt of the said documents shall submit
their responses within further 30 days. After considering the response of the
petitioners, the Collector after affording an opportunity to the petitioners
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 03-11-2026
15:51:11
NEUTRAL CITATION NO. 2026:MPHC-JBP:88590
5 WP-39090-2026
shall pass an order afresh within a further period of 30 days from the date of
submission of response by the petitioners.
10. The petitioners are directed to appear before the Collector on
18.11.2026.
11. Till final orders are passed in the matter by Collector, the parties
are directed to maintain status quo.
12. If the petitioners do not appear before Collector, Jabalpur and do
not submit certified copy of this order on on 18.11.2026, this order shall lose
its efficacy automatically without reference to the Bench.
13. It is clarified that this order shall not be treated as precedent,
inasmuch as, in the present cases adherence to the principles of natural
justice is evident from perusal of the impugned orders.
(MANINDER S. BHATTI)
JUDGE
PB
Signature Not Verified
Signed by: PRADYUMNA
BARVE
Signing time: 03-11-2026
15:51:11