SUBHASH RAUT Vs. STATE OF M.P

JUDGEMENT

(1.) Questioning the soundness of the order dated 16.4.2007 passed by the learned Single Judge in W.P. No. 4909/2007, the appellant -petitioner has preferred this intra -court appeal under section 2 of the Madhya Pradesh Uchcha Nyayalaya (Khand Nyaypeeth Ko Appeal) Adhiniyam, 2005 (for brevity the 'Act').

(2.) Questioning the correctness of the aforesaid order, the appellant -petitioner preferred the writ petition. Before the learned Single Judge, it was contended that the Collector, Balaghat before passing the aforesaid order has not followed the principles of natural justice. The learned Single Judge declined to interfere on the ground that an appeal does lie to the Commissioner, Jabalpur Division and he is available to deal with the appeal.

(3.) Mr. Jaideep Singh, learned Deputy Government Advocate appearing for the State supported the order passed in the learned Single judge contending, inter alia, that when an alternative remedy is available, it is incumbent upon the appellant to prefer the appeal and not to approach the writ Court under Article 226 of the Constitution of India.