High CourtsSingle Bench(2023) 04 MP CK 0105

Dadan Ram Kewat vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 25 April 2023

HON’BLE JUDGES
Sanjay Dwivedi, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 9516 Of 2023

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Judgment

5 paragraphs · 243 words

Sanjay Dwivedi, J

By the instant petition, the petitioner is raising grievance that though proceedings under Sections 89 and 92 of M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 initiated against him and show cause notice was also issued to him on 13.01.2023 asking him to appear before the authority on 21.02.2023 but as per petitioner that notice was not served upon him before the date of hearing and therefore he could not appear before the authority.

Raising the clouds of suspicion, learned counsel for the petitioner submits that if the petitioner appears before the authority, there is every likelihood that he will be directly sent to jail. In the circumstance, he implores that the petitioner may be granted one opportunity to appear before the authority and explain as to whether recovery proposed is proper or not. The petitioner is also willing to deposit the amount proposed to be recovered from him but he is apprehending his arrest, the moment he appears before the authority.

Considering the above, but without expressing any view on merits, this petition is disposed of directing the Chief Executive Officer, Zila Panchayat, Anuppur to allow the petitioner to participate in the proceeding and after taking note of his stand, appropriate order if so required, shall be passed by the authority but if the petitioner appears before the authority and shows willingness to deposit the proposed amount, he may not be sent to jail directly.

Petition stands disposed of.