Madhya Pradesh High Court
Vaidehi Charan Shastri vs The State Of Madhya Pradesh on 12 May, 2023
Author: Milind Ramesh Phadke
Bench: Milind Ramesh Phadke
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE MILIND RAMESH PHADKE
ON THE 12 th OF MAY, 2023
WRIT PETITION No. 11419 of 2023
BETWEEN:-
VAIDEHI CHARAN SHASTRI S/O SHRI RAMGOPAL
SHARMA, AGED-48 YEARS, R/O VILLAGE BADARWAS,
TEHSIL BADARWAS, DISTRICT SHIVPURI (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI NIRMAL SHARMA- ADVOCATE )
AND
1. STATE OF MADHYA PRADESH THROUGH
DEPARTMENT OF REVENUE VALLABH BHAWAN,
BHOPAL (MADHYA PRADESH)
2. COM M ISSIONER GWALIOR REGION DISTRICT
GWALIOR (MADHYA PRADESH)
3. COLLECTOR DISTRICT SHIVPURI (MADHYA
PRADESH)
4. ADDITIONAL COLLECTOR, DISTRICT SHIVPURI
(MADHYA PRADESH)
5. T E H S I L D A R TEHSIL BADARWAS DISTRICT
SHIVPURI (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SHIRAJ QUERSHI- GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
The present petition is arising out of the order dated 16.01.2023 passed by respondent no. 2 Commissioner, Gwalior Division, whereby while hearing an Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 13-May-23 12:00:14 PM 2 appeal preferred against the order dated 22.03.2022, wherein the challenge was to the usurping of jurisdiction by the authority has been made, an application was filed along with the appeal for stay of the effect and operation of order dated 22.03.2022, but as the said stay application was rejected vide impugned order 16.01.2023, the present petition has been filed.
It has been argued by the counsel for the petitioner that under provisions of M.P. Municipalities Act, 1961, particularly under Section 339 (c) which is to be read in conjugation with Section 313 of M.P. Municipalities Act, the powers of initiating action against illegal development of the colony rest with Council, and the Chief Municipal Officer or any other Officer authorized in this behalf by the Council has a right to initiate any prosecution against such illegal colonization, but the impugned order in the appeal has been passed by the Additional Collector who has no authority. Learned counsel for the petitioner further submits that ignoring the mandatory provisions of law, the stay application filed by the petitioner has been rejected.
Looking to the legal postition, this Court without commenting on the merits of the case deems it fit to relegate the matter to the respondent no.2, Commissioner, who is seized with the appeal of the petitioner to decide the said appeal and till the appeal is decided the order dated 22.03.2023 shall remain stayed.
With the aforesaid directions, the petition stands disposed of. E-copy/Certified copy as per rules/directions.
(MILIND RAMESH PHADKE) JUDGE Chandni Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 13-May-23 12:00:14 PM 3 Signature Not Verified Signed by: CHANDNI NARWARIYA Signing time: 13-May-23 12:00:14 PM