Writ appeal dismissed; show-cause under Section 182(2) MP Land Revenue Code upheld, Article 226 interference declined

HC dismissed the writ appeal, upholding the Single Judge's refusal to entertain the writ petition directed against a show-cause notice issued under section 182(2) of the M.P. Land Revenue Code. The impugned communication was held to be a mere show-cause notice, not a final adjudication, and the competent authority was found to have jurisdiction. Consequently, interference under Article 226 was declined. The appellant was granted liberty to appear before the Collector, file a detailed reply, and participate in the proceedings. The competent authority was directed to fix a date after seven days, consider the reply, and pass a reasoned and speaking order in accordance with law.

---

---

An intra-court writ appeal challenged the dismissal of a writ petition against a notice dated 24.10.2025 issued by the Collector, Indore under Section 182(2) of the M.P. Land and Revenue Code. The appellant contended that the notice was a mere formality as the authority had already decided the land belonged to the Government, and that the notice did not specify the legal provision invoked. The Court held that the impugned communication was "nothing but a show-cause notice" and not an adjudicatory order, and that the petitioner had been directed only to appear and respond. Relying on Special Director v. Mohd. Ghulam Ghouse, (2004) 3 SCC 440, it reiterated that interference under Article 226 against a show-cause notice is permissible only when it is a nullity for want of jurisdiction. As the notice was issued by a competent authority, the writ was not maintainable. The appeal was disposed of with directions to afford the petitioner time and opportunity to file a reply and for a reasoned, speaking order thereafter.

---