Madhya Pradesh High Court
Shri Sai Ram Adiwasi Machhua Swa ... vs The State Of Madhya Pradesh on 17 December, 2018
1 WP-24118-2018
The High Court Of Madhya Pradesh
WP-24118-2018
(SHRI SAI RAM ADIWASI MACHHUA SWA SAHAYATA SAMOOH Vs THE STATE OF MADHYA PRADESH)
3
Jabalpur, Dated : 17-12-2018
Shri P.L. Pandey, learned counsel for the petitioner.
Shri Ankit Agrawal, learned G.A. for the respondent/State.
Shri Sachin Yadav, learned counsel for the respondent no.7. At the outset, learned counsel for the respondent no.7 placed heavy reliance on an order passed by this Court in W.P.No.3583/2013 wherein it was held that the competent authority for the purpose of exercising the power of suspension under Section 85 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam against the resolution passed by the Janpad Panchayat is Collector. The Collector has erred in passing the impugned order dated 1.5.2016 and learned Commissioner has erred in entertaining the appeal. Shri Yadav submits that accordingly, respondent no.7 has no objection if impugned orders of Commissioner and Collector Annexure P-1 and P-2 are set aside by reserving liberty to the private respondent to challenge the resolution before the appropriate forum.
Learned counsel for the petitioner and learned G.A. has no objection.
Thus, in view of the consensus arrived at and in view of the order passed by this Court in W.P.No.3583/2013, the order of learned Commissioner dated 28.9.2018 and order of Collector dated 1.5.2016 are set aside.
Liberty is reserved to the private respondent to avail the alternative remedy in accordance with law.
The writ petition is disposed of.
C.C. as per rules.
(SUJOY PAUL) JUDGE P/ Digitally signed by PREETI TIWARI Date: 18/12/2018 16:25:20