Madhya Pradesh High Court
Aam Janta Village Mirgauti vs The State Of Madhya Pradesh on 26 April, 2022
Author: Chief Justice
Bench: Ravi Malimath
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SHRI JUSTICE RAVI MALIMATH,
CHIEF JUSTICE
&
HON'BLE SHRI JUSTICE PURUSHAINDRA KUMAR KAURAV
ON THE 26th OF APRIL, 2022
WRIT PETITION No. 28541 of 2021
Between:-
AAM JANTA VILLAGE MIRGAUTI THROUGH
SURESH PRASAD S/O RAMSWAROOP PATEL,
AGE ABOUT 67 YEARS, OCCUPATION
AGRICULTURIST, VILLAGE MIRGAUTI, P.S. AND
TEHSIL NEW RAMNAGAR, SATNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI AMAN PATEL - ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
THE CHIEF SECRETARY, DEPARTMENT OF
PANCHAYAT AND RURAL DEVELOPMENT,
VALLABH BHAWAN, BHOPAL (MADHYA
PRADESH)
2. C O L L E C T O R , S A T N A , D I S T R I C T SATNA
(MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER, DISTRICT
PAN CHAYAT, D I S T R I C T SATNA (MADHYA
PRADESH)
4. CHIEF EXECUTIVE OFFICER, JANPAD
PANCHAYAT, R AM N AGAR , D ISTR ICT SATNA
(MADHYA PRADESH)
5. SMT. URMILA PATEL, SARPANCH, VILLAGE
PANCHAYAT, MIRGAUTI, JANPAD PANCHAYAT,
R A M N A G A R , D I S T R I C T SATNA (MADHYA
PRADESH)
6. SHRI LAXMI PRASAD VISHWAKARMA,
SECRETARY, VILLAGE PANCHAYAT, MIRGAUTI,
2
JANPAD PANCHAYAT, RAMNAGAR, DISTRICT
SATNA (MADHYA PRADESH)
7. SHRI SHAILENDRA GAUTAM, ROJGAR
SAHAYAK, VILLAGE PANCHAYAT, MIRGAUTI,
JANPAD PANCHAYAT, RAMNAGAR, DISTRICT
SATNA (MADHYA PRADESH)
8. SHIVLAL PRAJAPATI, SUB-ENGINEER, JANPAD
PANCHAYAT, RAMNAGAR, D ISTR ICT SATNA
(MADHYA PRADESH)
9. RAJARAM CHANDEL, SUB-ENGINEER, JANPAD
PANCHAYAT, RAMNAGAR, D ISTR ICT SATNA
(MADHYA PRADESH)
10. SHRI AJAY SINGH, ADDITIONAL PROGRAM
O FFI C ER , JANPAD PANCHAYAT, DISTRICT
SATNA (MADHYA PRADESH)
.....RESPONDENTS
(SHRI AMIT SETH - DEPUTY ADVOCATE GENERAL FOR
RESPONDENTS NO.1 TO 4 AND SHRI MAHESH PRASAD RAJAK -
ADVOCATE FOR RESPONDENTS NO.5 TO 7 & 9 AND SHRI
PRAVEEN SINGH - ADVOCATE FOR RESPONDENT NO.10)
This petition coming on for admission this day, Hon'ble Shri Justice
Ravi Malimath, Chief Justice passed the following:
ORDER
This petition is said to be filed in Public Interest seeking for a relief to direct the respondents No.1 and 2 to initiate proper enquiry against the delinquents respondent Nos.5 to 10 and other consequential reliefs.
A reply has been filed by the State. In para 9, they have stated as follows:-
"In so far as enquiry conducted by the answering respondent no.4 and quantification of recovery against some of the private person is concerned, it is respectfully submitted that after said enquiry, in terms of provisions contained u/s. 89 & 92 of the Panchayat Raj avam Gram Swaraj Adhiniyam 1993, proceedings for recovery of dues of the Panchayat have been 3 initiated vide issuance of notice dt.7/10/2021 and since appropriate proceedings for recovery of the said amount in accordance with law have already been initiated by the answering respondents and therefore, on this count also, allegations leveled by the petitioner does not call for any interference. Copy of the show cause notice dt.7/10/2021 is annexed herewith as Annexure-R/3."
Therefore, the same would indicate that the plea of the petitioner has been answered. Appropriate proceedings have been initiated against the concerned.
In view of the plea of the petitioner being answered, we do not find any reason to proceed further.
The writ petition is accordingly disposed off.
(RAVI MALIMATH) (PURUSHAINDRA KUMAR KAURAV)
CHIEF JUSTICE JUDGE
Nitesh
Digitally signed by NITESH PANDEY
DN: c=IN, o=HIGH COURT OF MADHYA PRADESH, ou=JUDICIAL, pseudonym=86489bc20a6a406d98306b23025621ce, postalCode=482001, st=MADHYA PRADESH, serialNumber=d3c43878e5123dcce8275e09def7b0ce2222e9c91b1174c5e2ab8b19437c9ae5, cn=NITESH PANDEY Date: 2022.04.27 15:45:46 +05'30' Adobe Reader version: 11.0.8