Amita Jain vs Basant Shravanekar
2021 Latest Caselaw 6409 MP

                                                                                1                                 RP-782-2021
                                                      The High Court Of Madhya Pradesh
                                                                  RP-782-2021

(ANITA JAIN Vs BASANT SHRAVANEKAR AND OTHERS)

Indore, Dated : 04-10-2021 Shri Ajay Kumar Assudani, learned counsel for the review petitioner.

Shri Vivek Dalal, learned AAG for the State.

Heard on IA No.6856/2021 which is an application for amendment in the cause title.

On due consideration of the reasons assigned, the application is

allowed. Learned counsel for the petitioner is directed to incorporate the amendment during the course of the day.

Learned counsel for the review petitioner submits that neither before the Single Bench nor before the Division Bench hearing WA No.522 of 2020, it was informed that Section 47 of MP Municipalities Act, 1961 stood deleted from the statute book w.e.f. 09/10/2019. Had it been informed, there would have been no occasion for this Court to direct the Collector to undertake the exercise of verification afresh by taking guidance from the judgment of Full Bench of this Court in Narmadi Bai Choudhary & Ors. vs. STate of MP &

Ors. - 2005 (2) MPLJ 306.

Shri Vivek Dalal, learned AAG for the State fairly submits that it is not in dispute that Section 47 stood deleted from the date mentioned above.

In this view of the matter, we are only inclined to observe that it will be open to the Collector to examine that aspect and take a decision in accordance with law whether he needs to proceed further or not.

With the aforesaid observation and without expressing any opinion on the merits of the case, petition is disposed of.

Cc as per rules.

                                                (SUJOY PAUL)                                                (ANIL VERMA)
                                                   JUDGE                                                         JUDGE
Signature Not Verified
              VerifiedDigitally
                       Digitally signed by
  SAN                  SOUMYA RANJAN
                       DALAI
                       Date: 2021.10.04
                       18:08:26 IST