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
¶ 1The 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
¶ 3A prior petition was disposed of with directions to make a representation, and the present petition was converted into a PIL in November 2024
¶ 2, 5On 26 October 2026, the petitioner applied to convert the PIL back into a regular writ petition under Article 226
¶ 6At the hearing, counsel sought permission to withdraw the petition
¶ 802Issues
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, 8ii.Whether costs should be imposed in light of the Court’s concern that the proceedings had impeded a project of public importance
¶ 7–903Law 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, 6It applies the general principle that the Court may impose costs where proceedings amount to an abuse of the process of law
¶ 804Reasoning
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
¶ 7It 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
¶ 5–7Although counsel sought withdrawal and the Court refrained from making stricter observations, it considered a monetary cost appropriate for the abuse of process
¶ 805Holding
The Court disposed of the petition as withdrawn and imposed costs of ₹10,000 on the petitioner
¶ 9The 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)
¶ 9Original Court PDF
Rishi ParasharvsState Of Madhya Pradesh
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