Pramod Kumar Harishchandra Agrawal vs. The Collector Gondia & Others

Court:Supreme Court of India
Judge:Hon'ble M.Y. Eqbal
Case Status:Disposed
Order Date:13 Jul 2015
CNR:SCIN010064122014

AI Summary

The Supreme Court disposed of a Special Leave Petition filed by a petitioner appearing in person, directing the revenue authority to expeditiously hear an appeal already filed by the petitioner under the Maharashtra Land Revenue Code. This order streamlines the resolution of a land revenue dispute, ensuring that the existing appellate process is followed efficiently, offering a path for a swift resolution.

Ratio Decidendi:
When a petitioner has already availed and is actively pursuing an alternative statutory remedy, such as an appeal before a revenue authority, a Special Leave Petition challenging an earlier High Court order related to the same subject matter may be disposed of by the Supreme Court with a direction for expeditious disposal of the pending statutory appeal, rather than adjudicating the SLP on its merits.

Case Identifiers

Primary Case No:36759/2014
Case Type:Special Leave Petition (Civil)
Case Sub-Type:SLP - Land Revenue Dispute
Secondary Case Numbers:SCIN010064122014, 6412/2014
Order Date:2015-07-13
Filing Year:2014
Court:SUPREME COURT OF INDIA
Bench:Division Bench
Judges:Hon'ble M.Y. Eqbal, Hon'ble C. Nagappan

Petitioner's Counsel

Petitioner-in-person
Appeared in Person - Appeared

eCourtsIndia AITM

Brief Facts Summary

Mr. Pramod Kumar Harishchandra Agrawal filed a Special Leave Petition (Civil) in the Supreme Court, challenging a final judgment and order of the High Court of Bombay at Nagpur dated November 29, 2013, related to WP No. 6083/2013. During the Supreme Court hearing on July 13, 2015, the petitioner-in-person submitted that he had already filed an appeal before the revenue authority under the Maharashtra Land Revenue Code concerning the same matter.

Timeline of Events

2013-11-29

High Court of Bombay at Nagpur passes impugned final judgment and order in WP No. 6083/2013.

Post 2013-11-29

Petitioner files an appeal before the revenue authority under the Maharashtra Land Revenue Code.

2014-12-24

Special Leave Petition (C) No. 36759/2014 registered in the Supreme Court.

2015-07-13

Supreme Court hears the Special Leave Petition and disposes it with directions.

Key Factual Findings

The petitioner has already filed an appeal before the revenue authority under the Maharashtra Land Revenue Code after the High Court order.

Source: Recited from Petitioner Pleading

Primary Legal Issues

1.Jurisdiction of Supreme Court in Special Leave Petition when an effective alternative statutory remedy is being pursued
2.The principle of expeditious disposal of appeals by statutory authorities

Secondary Legal Issues

1.The effect of filing an appeal before a statutory authority on ongoing Supreme Court proceedings

Statutes Applied

Maharashtra Land Revenue Code
Governs the process and authority for appeals before revenue authorities in land-related matters.

Petitioner's Arguments

The petitioner, appearing in person, informed the Supreme Court that subsequent to the High Court's order, he had already filed an appeal before the revenue authority under the Maharashtra Land Revenue Code, thereby pursuing an alternative statutory remedy.

Court's Reasoning

The Supreme Court decided to dispose of the Special Leave Petition based on the submission by the petitioner that an appeal was already pending before the revenue authority. The Court reasoned that since an alternative statutory remedy was being pursued, the more appropriate course of action was to direct the revenue authority to hear and dispose of that appeal expeditiously.

Judicial Philosophy Indicators:
  • Emphasis on proper procedural hierarchy and exhaustion of statutory remedies
  • Commitment to expeditious justice through existing mechanisms
Order Nature:Procedural
Disposition Status:Disposed
Disposition Outcome:Disposed with directions

Impugned Orders

High Court Of Bombay At Nagpur
Case: WP No. 6083/2013
Date: 2013-11-29

Specific Directions

  1. 1.The revenue authority, before whom the appeal, if any, is pending, is directed to hear and dispose of the appeal as expeditiously as possible.

Precedential Assessment

Persuasive (Procedural)

The order is procedural, disposing of the SLP based on the existence of an alternative statutory remedy being pursued. It reiterates the well-established principle of allowing statutory remedies to be exhausted and is not a substantive ruling on a novel point of law.

Tips for Legal Practice

1.Legal practitioners should diligently ascertain the existence and status of any alternative statutory remedies being pursued by clients before filing or proceeding with Special Leave Petitions in the Supreme Court.
2.The Supreme Court often defers to statutory appellate processes when they are actively being pursued, preferring to ensure expeditious resolution at the appropriate forum.
3.Advocates should be prepared to argue for or against the appropriateness of continuing Supreme Court proceedings when an effective alternative remedy is available and being utilized.

Legal Tags

Special Leave Petition dismissal alternative remedySupreme Court directions revenue authority appealsMaharashtra Land Revenue Code appellate jurisdictionExpeditious disposal land revenue cases IndiaProcedural justice in Indian legal systemChallenge to High Court orders civil appealsJudicial review of administrative decisions IndiaLaw on exhaustion of statutory remediesSupreme Court's role in land dispute resolutionPrecedential value of procedural Supreme Court orders

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

Case Registered

Listed On:

24 Dec 2014

Original Order Copy

Get a certified copy of this order

Download True Copy

Order Text

ITEM NO.59 COURT NO.10 SECTION IX

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition(s) for Special Leave to Appeal (C) No(s). 36759/2014

(Arising out of impugned final judgment and order dated 29/11/2013 in WP No. 6083/2013 passed by the High Court Of Bombay At Nagpur)

MR. PRAMOD KUMAR HARISHCHANDRA AGRAWAL Petitioner(s)

VERSUS

THE COLLECTOR GONDIA & OTHERS Respondent(s)

(with appln. (s) for permission to appear and argue in person and interim relief and office report)

Date : 13/07/2015 This petition was called on for hearing today.

CORAM :

Digitally signed by Sukhbir Paul Kaur Date: 2015.07.15 16:41:12 IST Reason:

HON'BLE MR. JUSTICE M.Y. EQBAL HON'BLE MR. JUSTICE C. NAGAPPAN

For Petitioner(s)

Petitioner-in-person

For Respondent(s)

UPON hearing the petitioner-in-person,the Court made the following O R D E R

The petitioner who is appearing in person, submits that after the order was passed by the High Court, he had already filed appeal before the revenue authority under the Maharashtra Land Revenue Code.

In that view of the matter, this special leave petition is disposed of with a direction to the revenue authority, before whom the appeal, if any, is pending to hear and dispose of the appeal as expeditiously as possible. Signature Not Verified

[INDU POKHRIYAL] [SUKHBIR PAUL KAUR] COURT MASTER A.R.-CUM-P.S.