Sunil Singh vs The State Of Madhya Pradesh
2022 Latest Caselaw 16072 MP

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                          IN    THE    HIGH      COURT OF MADHYA              PRADESH
                                                  AT JABALPUR
                                                   BEFORE
                                   HON'BLE SHRI JUSTICE MANINDER S. BHATTI
                                          ON THE 5 th OF DECEMBER, 2022
                                          WRIT PETITION No. 27812 of 2022

                          BETWEEN:-
                          SUNIL SINGH S/O SHRI SUKHENDRA SINGH, AGED
                          ABOUT    44   YEARS, OCCUPATION: PANCHAYAT
                          SECRETARY (DE-NOTIFIED)   GRAM   PANCHAYAT
                          CHARKHA BLOCK BEOHARI DISTRICT SHAHDOL M.P.
                          (MADHYA PRADESH)

                                                                            .....PETITIONER
                          (BY SHRI A.K.GUPTA, ADVOCATE )

                          AND
                          1.    THE STATE OF MADHYA PRADESH THROUGH
                                SECRETARY PANCHAYAT AND SOCIAL JUSTICE
                                DEPARTMENT VALLABH BHAWAN BHOPAL (M.P.)
                                (MADHYA PRADESH)

                          2.    COLLECTOR    SHAHDOL DISTRICT   SHAHDOL
                                (MADHYA PRADESH)

                          3.    CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
                                S H A H D O L DISTRICT SHAHDOL (MADHYA
                                PRADESH)

                          4.    CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT
                                B E H O A R I DISTRICT SHAHDOL   (MADHYA
                                PRADESH)

                          5.    RAM NARESH SINGH GOND S/O GAYADIN GOND,
                                AGED   ABOUT   34   YEARS, R/O VILLAGE
                                PANCHAYAT CHARKHA, DISTRICT SHAHDOL
                                (MADHYA PRADESH)

                          6.    GRAM     PANCHAYAT   CHARKHA,     JANPAD
                                PANCHAYAT BEOHARI DISTRICT SHAHDOL
                                THROUGH ITS SARPANCH VILLAGE CHARKHA,
                                POLICE STATION BEOHARI, DISTRICT SHAHDOL
                                (MADHYA PRADESH)
Signature Not Verified
Signed by: PARMESHWAR
GOPE
Signing time: 12/6/2022
11:37:35 AM
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                                                                                      .....RESPONDENTS
                          (BY MS. SHWETA YADAV, GOVT. ADVOCATE )

                                This petition coming on for admission this day, th e court passed the
                          following:
                                                              ORDER

The counsel contends that on account of registration of criminal case,the powers of the petitioner, which were conferred upon him, on the strength of Section 69(1) of Madhya Pradesh Panchayat Raj Awam Gram Swaraj Adhiniyam were withdrawn. Later on, the said criminal case ensued in judgment of acquittal, which has been brought on record as Annexure-P/6.

Counsel thus contends that in view of the acquittal of the petitioner vide

dated 11-02-2019, which is contained in AnnexureP/6, the case of the petitioner is required to be re-considered inasmuch as, on account of registration of Criminal Case only, the order dated 29-06-2006, which is contained in Annexure-P/2 was passed. The counsel submits that the petitioner is willing to prefer a representation before the respondents concerned highlighting his grievance in the light of judgement of acquittal contained in Annexure P/6 dated 11-02-2019.

The counsel for the State submits that if such a representation is submitted before the respondents, the same shall be dealt with by the authority concerned in accordance with law.

In view of the aforesaid innocuous prayer, without commenting on the merits of the case, if the petitioners prefers a representation afresh to respondent No. 2 within a period of 30 days from today in the light of judgment of acquittal dated 11-02-2019, the respondent No. 2, in- turn shall consider and decide the same within a further period of 90 days from the date of production

Signature Not Verified of the certified copy of this order by passing a well reasoned and speaking Signed by: PARMESHWAR GOPE Signing time: 12/6/2022 11:37:35 AM

order in accordance with law.

It is made clear that this court has not expressed any opinion on the merits of the case and the respondent No. 2 on its own wisdom shall be at liberty to deal with the representation in accordance with law.

With the aforesaid, the petition stands disposed off.

(MANINDER S. BHATTI) JUDGE PG

Signature Not Verified Signed by: PARMESHWAR GOPE Signing time: 12/6/2022 11:37:35 AM