Madhya Pradesh High Court
Jageshwar Prasad vs The State Of Madhya Pradesh on 4 August, 2023
Author: Maninder S. Bhatti
Bench: Maninder S. Bhatti
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE MANINDER S. BHATTI
ON THE 4 th OF AUGUST, 2023
MISC. PETITION No. 4274 of 2023
BETWEEN:-
JAGESHWAR PRASAD S/O SHRI JANKI PRASAD, AGED
ABOUT 42 YEARS, OCCUPATION: AGRICULTURE
VILLAGE BADRUKHI POST KUKARMATH DISTRICT
DINDORI (MADHYA PRADESH)
.....PETITIONER
(BY SHRI ANUVAD SHRIVASTAVA-ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
DIVISIONAL COMMISSIONER (REVENUE)
DISTRICT JABALPUR (MADHYA PRADESH)
2. THE COLLECTOR DINDORI DISTRICT DINDORI
(MADHYA PRADESH)
3. THE CHIEF EXECUTIVE OFFICER DISTRICT
PANCHAYAT DINDORI DISTRICT DINDORI
(MADHYA PRADESH)
4. THE CHIEF EXECUTIVE OFFICER JANPAD
PANCHAYAT SAMNAPUR DISTRICT DINDORI
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI MANAS MANI VERMA-GOVERNMENT ADVOCATE)
This petition coming on for admission this day, th e court passed the
following:
ORDER
Learned counsel for the petitioner contends that the Collector, Dindori has passed the order dated 03/01/2023 by which an order of recovery has been Signature Not Verified Signed by: ASTHA SEN Signing time: 05-08- 2023 14:49:21 2 passed against the petitioner for an amount of Rs.97,493/-.
2. It is contended by the counsel that the said order has been assailed by the petitioner by filing an appeal in terms of Section 91 of the Madhya Pradesh Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 read with Rule 3 of the Madhya Pradesh Panchayat Raj (Appeal and Provisions) Rules, 1995 along with an application for interim relief. The application for interim relief has been turned down vide order dated 11/07/2023 (Annexure P/12) and the record from the Court of Collector has been requisitioned.
3. It is contended by the counsel that if the order passed by the Collector, Dindori is allowed to be executed, the very purpose of filing of an appeal before the Additional Commissioner, Jabalpur would render otiose. Learned counsel further submits that the Commissioner has not assigned the reason while dismissing the application for stay filed by the present petitioner, therefore, submits that the operation of the order passed by the Collector, Dindori be stayed.
4. Per contra, learned counsel for the State submits that the order of Collector, Dindori dated 03/01/2023 reflects that there is an order of recovery on account of the allegations of irregularities and the petitioner is required to deposit Rs.97,493/-. The application has been rightly turned down by the Commissioner.
5. Heard the submissions advanced on behalf of the parties and perused the record.
6. As the petitioner has already approached the Commissioner against the order dated 03/01/2023 passed by the Collector, Dindori and the record from the Court of Collector has been requisitioned, the present petition stands disposed of with a direction that upon deposit of 50 % of the recovery amount Signature Not Verified Signed by: ASTHA SEN Signing time: 05-08- 2023 14:49:21 3 i.e Rs.97,493/- by the present petitioner within a period of 15 days from today, the operation of the order dated 03/01/2023 passed by the Collector, Dindori shall remain stayed so far it relates to the present petitioner till disposal of appeal No.0108/Appeal/2023-24 (Jageshwar Prasad Vs. State of M.P.) pending before the Additional Commissioner, Division Jabalpur. The Additional Commissioner, Division, Jabalpur may verify the factum of deposit of 50% of the recovery amount i.e Rs.97,493/-.
7. Accordingly, the petition stands disposed of.
(MANINDER S. BHATTI) JUDGE Astha Signature Not Verified Signed by: ASTHA SEN Signing time: 05-08- 2023 14:49:21