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 of India has disposed of a Special Leave Petition challenging a High Court order, noting that the petitioner has already filed an appeal before the revenue authority. The Court directed the revenue authority to hear and dispose of the pending appeal expeditiously, providing a path for the petitioner's ongoing land dispute.

Ratio Decidendi:
When a petitioner in a Special Leave Petition has, subsequent to the impugned High Court order, already preferred a statutory appeal before a competent revenue authority, the Supreme Court may dispose of the SLP with a specific direction to the concerned revenue authority to hear and decide the pending appeal expeditiously.

Case Identifiers

Primary Case No:36759/2014
Case Type:Special Leave to Appeal (Civil)
Case Sub-Type:SLP - Land Dispute
Secondary Case Numbers:6412/2014, WP No. 6083/2013
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
Petitioner-in-person - Appeared

eCourtsIndia AITM

Brief Facts Summary

The Special Leave Petition (C) No. 36759/2014 was filed against an impugned final judgment and order dated November 29, 2013, passed by the High Court of Bombay at Nagpur in WP No. 6083/2013. During the hearing, the petitioner, Mr. Pramod Kumar Harishchandra Agrawal, who appeared in person, submitted that he had subsequently filed an appeal before the revenue authority under the Maharashtra Land Revenue Code. Consequently, the Supreme Court disposed of the SLP with a directive to the revenue authority to hear and dispose of this pending appeal expeditiously.

Timeline of Events

2013-11-29

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

Post 2013-11-29

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

2014-02-20

Filing of Special Leave Petition in Supreme Court.

2014-12-24

Registration of Special Leave Petition No. 36759/2014 in Supreme Court.

2015-07-13

Supreme Court heard and disposed of the Special Leave Petition.

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 was passed.

Source: Recited from Petitioner Pleading

Primary Legal Issues

1.Appropriate disposal of a Special Leave Petition when an alternative statutory remedy (appeal to revenue authority) is actively being pursued.

Secondary Legal Issues

1.Judicial directive for expeditious hearing of appeals before administrative/revenue authorities.

Statutes Applied

Maharashtra Land Revenue Code
Cited by the petitioner as the legal framework under which an appeal had been filed before the revenue authority, influencing the Court's disposition of the SLP.

Petitioner's Arguments

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

Court's Reasoning

The Supreme Court reasoned that since the petitioner had already availed an alternative statutory remedy by filing an appeal before the revenue authority, it was appropriate to dispose of the Special Leave Petition. To ensure justice, the Court directed the revenue authority to hear and dispose of the said appeal as expeditiously as possible.

Judicial Philosophy Indicators:
  • Emphasis on Expeditious Justice Delivery
  • Encouragement of Availing Statutory Remedies
  • Prudential Avoidance of Duplicative Litigation
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

Non-Binding (Procedural)

This order is procedural, primarily focused on the efficient management of litigation when alternative statutory remedies are being pursued. It reiterates the importance of exhausting available remedies and ensures timely resolution of a specific appeal, rather than establishing a broad legal precedent or interpreting a significant point of law.

Tips for Legal Practice

1.When an alternative statutory appeal is pending after a High Court order, legal professionals should consider informing the Supreme Court in an SLP, as it may lead to a directive for expeditious disposal of the lower appeal.
2.The Supreme Court encourages the timely pursuit and resolution of statutory remedies, indicating a preference for such mechanisms before extended high-level litigation.
3.Advocates should ensure clear communication regarding the status of all related legal proceedings to the higher courts.

Legal Tags

Supreme Court Disposal Special Leave PetitionExpeditious Hearing Revenue Authority AppealMaharashtra Land Revenue Code Appeal ProcedureAlternative Remedy Challenge High Court OrderJudicial Directive Administrative Authority Expedite

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

ö 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 Petition er(s) VERSUS THE COLLECTOR GONDIA & OTHERS Responde nt(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 : 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 re venue authority, before whom the appeal, if any, is pending to hear and dispose of the appeal as expeditiously as possible. Signature Not Verified Digitally signed by Sukhbir Paul Kaur Date: 2015.07.15 16:41:12 IST Reason:

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