Radhamohan vs Ramdas Chaurasiya And Others

The present petition seeks review of the final order dated 22/7/2020 passed by this court in W.P. 9282/2020 (PIL) directing the petitioner who is respondent No.1 herein to prefer a fresh representation alongwith copy of the earlier representation filed before the Collector, Gwalior, who in turn was directed to decide the same within 45 (Forty

Pertinently, the aforesaid direction in the PIL to the Collector, Gwalior as aforesaid was made at the very outset on the first hearing of the case without issuing notice to any of the respondents.

2.1 It may not be out of place to mention here that this court while disposing of the PIL did not enter into merits of the claim made by petitioner in the PIL and left it to the discretion of the Collector, Gwalior to be exercised in judicious manner to deal with the same in accordance with law.

2.2 The petitioner who was respondent No.7 in the W.P. 9282/2020 (PIL) has filed this petition by submitting that number of material facts and orders passed in respect of subject matter in the PIL were not brought to the notice of the court and therefore the order under review is obtained by suppressing material fact and thus the order is nullity in law and deserves to be recalled by exercise of power of judicial review It is also submitted by review-petitioner that the same land in question was subject matter in a civil suit where the judgment and decree was passed in 2007 but the petitioner in PIL did not disclose this fact to this court. Attention of this court is also invited to the order of Naib Tehsildar, Bilaua (A/2), dated 5/2/2019 where review-petitioner was a party and yet the said proceedings before the said revenue court were suppressed in the PIL. Reliance is placed by petitioner on the decision of Apex court in Union of India Vs. Sandur Manganese & Iron Ores Ltd. 2012 (9) SCC 683.

2.3 Per contra, learned counsel for respondent No.1/petitioner submits that proceedings before the civil court and the revenue court were not in the knowledge of respondent No.1 and thus the question of suppression does not arise.

After having heard learned counsel for the rival parties and having perused the record, this court is of the considered view that the order under review did not deal with the cause raised in the PIL on merits and instead left it for the Collector, Gwalior to exercise his/her discretion in accordance with law. In view of the nature of the order under review passed where merits were not dealt with this court declines to dwell upon the aspect of suppression of fact by petitioner in PIL or not and leave it to the discretion of Collector to be dealt with in accordance with law.

Accordingly this review petition stands disposed of without disturbing the order under review and with further direction to the Collector, Gwalior that as and when Collector applies his/her mind to the representation of petitioner made in terms of the order under review, the contents of the revision petition (RP NO. 737/2020) including all annexures be also taken into account to reach a considered opinion in law, after affording due and sufficient opportunity of being heard to all stakeholders.

With the aforesaid direction, the petition stands disposed of, sans cost.