Is a Writ Petition Under Article 226 Premature When It Challenges Only a Police Recommendation Absent the Final Parole Rejection Order?

High Court reaffirms the necessity to invoke writ jurisdiction against final executive orders and permits withdrawal with liberty, reinforcing procedural rigor for parole petitions

 

Summary

Category Data
Case Name WPCR/478/2025 of HARISH GANJIR Vs STATE OF CHHATTISGARH
CNR CGHC010364632025
Decision Date 02-09-2025
Disposal Nature WITHDRAWN
Judgment Author Hon’ble Shri Ramesh Sinha, Chief Justice
Court High Court of Chhattisgarh at Bilaspur
Bench Hon’ble The Chief Justice and Hon’ble Shri Justice Bibhu Datta Guru
Type of Law Constitutional law – Writ jurisdiction (Article 226)
Questions of Law Whether a writ petition under Article 226 is maintainable when it challenges only a police recommendation and not the final order of the District Magistrate.
Ratio Decidendi
  1. A writ petition is premature if it challenges merely an executive recommendation and not the final order.
  2. The petitioner must place the impugned final order on record before seeking relief under Article 226.
  3. In absence of the final order, the High Court may permit withdrawal with liberty to file afresh.
  4. Permission to withdraw was granted subject to deposit of costs, directing funds to a government home.
Facts as Summarised by the Court The petitioner, a convict seeking parole, challenged only the Superintendent of Police’s recommendation dated 01.07.2025 without placing the District Magistrate’s rejection order on record; on realizing the omission, counsel sought withdrawal with liberty to file afresh.
Citations 2025:CGHC:44733-DB

Practical Impact

Category Impact
Binding On All subordinate courts
Persuasive For Other High Courts

What’s New / What Lawyers Should Note

  • Writ petitions under Article 226 must challenge the final order; intermediate or advisory recommendations are not sufficient grounds for maintainability.
  • Courts may allow withdrawal of a prematurely filed petition with liberty to re-file once the impugned order is on record.
  • Costs may be imposed even on withdrawal, with directions for payment to public welfare institutions.
  • Counsel should verify that the exact impugned order is before the court when seeking relief under Article 226.

Summary of Legal Reasoning

  1. Prematurity of Challenge
    • The petition attacked only the police recommendation, not the District Magistrate’s final parole rejection.
    • Article 226 relief requires the actual order to be placed on record.
  2. Disposal as Withdrawn
    • In absence of the final order, the Court dismissed the petition as withdrawn.
    • Liberty granted to re-file after procuring and placing the impugned order.
  3. Cost and Public Interest
    • Rs. 2,000 imposed as costs, to be paid into the Government Multi-Disabled Home fund.
    • Ensures public interest and procedural discipline.

Arguments by the Parties

Petitioner

  • Challenged the SP’s recommendation of 01.07.2025 seeking quashal and immediate parole for 14 + 2 days.
  • Admitted the actual DM order was not on record; applied for withdrawal with liberty to re-file.

State (Respondents)

  • Opposed neither maintainability nor costs; no specific submissions recorded beyond the hearing.

Factual Background

Harish Ganjir, a convicted prisoner, applied for parole and obtained a recommendation from the Superintendent of Police on 01.07.2025. The District Magistrate’s final order rejecting parole was neither challenged nor placed on record. The petitioner filed WPCR 478/2025, attacking only the SP’s recommendation and seeking immediate release. Upon realizing the omission, counsel sought permission to withdraw the petition with liberty to file afresh.

Alert Indicators

  • ✔ Precedent Followed – The High Court followed established practice requiring challenge to the final order rather than interim recommendations.

Citations

  • 2025:CGHC:44733-DB (Paragraph reference for key holding)

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