High CourtsSingle Bench(2023) 01 MP CK 0118

Mumtaz Bee vs State Of Madhya Pradesh And Others

Madhya Pradesh High Court · Decided on 31 January 2023

HON’BLE JUDGES
Vivek Rusia, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 2815 Of 2023

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Judgment

5 paragraphs · 217 words

Vivek Rusia, J

The petitioner has filed the present petition being aggrieved by notices dated 29.1.2023 (Annexure P/1) and 30.1.2023 (Annexure P/2) issued by Gram Panchayat, Chiklana.

By Annexure P/1, the petitioner has been called upon to produce the relevant documents about the building permission. The petitioner submitted the reply by submitting that breathing time be given to her to submit the documents. Vide Annexure A/2, the petitioner has been directed to vacate the house failing which same shall be demolished.

The aforesaid action has been taken u/s. 55 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Sub-section (4) of Section 55 provides remedy of appeal. Instead of availing the remedy of appeal, the petitioner has rushed to this Court within 24 hours and filed this petition whereas the appellate authority i.e. office of Sub Divisional Officer is situated in Ratlam District itself and all the grounds which have been raised in this petition are available to the petitioner to raise before the appellate authority.

In view of the above, this petition is disposed of with a direction to the petitioner to file an appeal before the appellate authority within next three days. If such an appeal is filed within three days from today, then no demolition activity be done in next seven days from today.