MP HC Dismisses Sharda Devi’s Writ Over Omitted Heirs, Says She Can Raise Grievance Under Section 250 MPLRC

The petitioner challenged an order dated 8 October 2026 in revenue proceedings and a further order dated 12 October 2026, seeking, among other reliefs, the impleadment of all joint holders/bhumiswamis.

She contended that, despite an earlier direction by the Commissioner to implead all heirs, only selected parties had been impleaded, excluding her.

The State opposed the petition on the ground that an efficacious statutory remedy was available under the Madhya Pradesh Land Revenue Code (MPLRC).

Section 250 of the MPLRC provides a statutory remedy relevant to the petitioner’s grievance.

The Court applied the principle that the High Court will ordinarily refrain from exercising its discretionary jurisdiction under Article 226 where an efficacious statutory alternative remedy is available; the Court noted that circumstances such as a breach of fundamental rights or an utter violation of natural justice may be relevant to writ intervention.

The Court considered the petitioner’s contention that selective impleadment breached an earlier direction and the principles of natural justice, but held that the question of impleading the remaining heirs required examination of relevant factual matters, including their entitlement to be joined.

Those matters could be raised before the competent statutory authority, which could consider them in accordance with law. The availability of that remedy therefore weighed against entertaining the writ petition.

It expressly stated that it had not expressed any opinion on the merits of the petitioner’s other contentions.