Madhya Pradesh High CourtAdministrative and Public LawCivil Procedure and Evidence

MP HC Imposes ₹10,000 Cost On Petitioner Who Withdrew PIL That Had Stalled Patan-Kanera Dam Project Since 2019

Rishi Parasharv.State Of Madhya Pradesh

MP HC Imposes ₹10,000 Cost On Petitioner Who Withdrew PIL That Had Stalled Patan-Kanera Dam Project Since 2019. Rishi Parashar vs State Of Madhya Pradesh. Madhya Pradesh High Court. LawLens
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In brief

The question

Whether the petitioner should be permitted to withdraw the petition after it had been converted into a PIL and an application had been made to reclassify it as a private writ petition

The court held

The Court disposed of the petition as withdrawn and imposed costs of ₹10,000 on the petitioner

It also directed

The amount was directed to be paid to the M.P. State Legal Aid Services Authority within 30 days, with a compliance report to be submitted to the Registrar (Judicial)

01Facts

The petitioner challenged proceedings concerning the Patan Kanera irrigation project and sought, among other reliefs, construction of the dam in accordance with the earlier sanctioned layout

¶ 1

The project site had been identified following inspections in 1981 and 2015/2016; administrative approval was granted in 2017, and the work was entrusted to a contractor in 2018

¶ 3

A prior petition was disposed of with directions to make a representation, and the present petition was converted into a PIL in November 2024

¶ 2, 5

On 26 October 2026, the petitioner applied to convert the PIL back into a regular writ petition under Article 226

¶ 6

At the hearing, counsel sought permission to withdraw the petition

¶ 8

02Issues

i.Whether the petitioner should be permitted to withdraw the petition after it had been converted into a PIL and an application had been made to reclassify it as a private writ petition

¶ 6, 8

ii.Whether costs should be imposed in light of the Court’s concern that the proceedings had impeded a project of public importance

¶ 7–9

03Law Applied

The petition was brought under Article 226 of the Constitution, and the Court considered the petitioner’s request to withdraw it within that procedural context

¶ 1, 6

It applies the general principle that the Court may impose costs where proceedings amount to an abuse of the process of law

¶ 8

04Reasoning

The Court noted that the project concerned a dam intended to serve a broader public interest and that, in its view, the project had remained stalled since the petition was filed in 2019

¶ 7

It viewed the petitioner’s successive requests—to convert the case into a PIL and later back into a private writ petition—as inconsistent, particularly when the matter was nearing conclusion

¶ 5–7

Although counsel sought withdrawal and the Court refrained from making stricter observations, it considered a monetary cost appropriate for the abuse of process

¶ 8

05Holding

The Court disposed of the petition as withdrawn and imposed costs of ₹10,000 on the petitioner

¶ 9

The amount was directed to be paid to the M.P. State Legal Aid Services Authority within 30 days, with a compliance report to be submitted to the Registrar (Judicial)

¶ 9
Madhya Pradesh High Court

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Rishi ParasharvsState Of Madhya Pradesh

Madhya Pradesh High Court · November 04, 2026

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