BHOPAL: A division bench of Madhya Pradesh high court headed by chief justice S K Seth on Thursday directed Bhopal district collector to issue revenue recovery certificate to recover the amount of fine imposed on a petitioner for superfluous litigation.
According to facts of the case, a Jaipur-based company M/s Maverick Developers Pvt Ltd had filed a revision petition in the high court against municipal commissioner, Bhopal and water distribution project officer under Jawaharlal Nehru National Urban Renewal Mission. The bench headed by then chief justice Hemant Gupta had dismissed the petition on August 7, 2018, saying that the petition has been brought for the third time despite relevant instructions already passed by the high court in the matter.
The court had imposed a cost of Rs 50,000 on the petitioner for abusing the process of law and wasting time of the court. The petitioner was asked to deposit the amount within two months with the legal service cell of the court. Taking serious note of the fact that the money was not deposited by the petitioner in the stipulated time, the division bench of Justice S K Seth and Justice V K Shukla have asked Bhopal collector to recover the amount from the litigant even if it meant issuing revenue recovery certificate for the purpose.
In a similar case, district collector, Satna, has also been asked by the same bench to recover the amount of fine on a petitioner through revenue recovery certificate.
According to facts of the case, Chakraveer Nat, a resident of Satna, had filed a petition in 2017 seeking court directive for inclusion of Nat community among scheduled castes and all the benefits given to as scheduled caste be given to them.
The court had dismissed the petition on July 18, 2028, on the ground that decision as to which communities would be kept in SC, ST or OBC category in the domain of the Parliament and courts can’t intervene in the matter.
Finding the petition without any basis, the court had also imposed a fine of Rs one thousand on the petitioner. The money was to be deposited with legal service cell of the court within two months.