High CourtsSingle Bench(2022) 12 MP CK 0003

Pramesh Jain And Others vs Municipal Corporation And Others

Madhya Pradesh High Court · Decided on 1 December 2022

HON’BLE JUDGES
Vivek Agarwal, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition No. 27556 Of 2022

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Judgment

7 paragraphs · 190 words

Vivek Agarwal, J

Petitioners have filed this writ petition being aggrieved of notice dated 20/06/2022 Annexure P-2 passed by the Executive Engineer (Building Branch) Nagar Palika Nigam, Jabalpur whereby a notice under Section 310 of the Municipal Corporation Act, 1956 is given to the petitioner.

Learned counsel for the petitioners submits that in the earlier round of litigation, he had filed W.P. No. 17153/2017 which was disposed of vide order dated 20th October, 2017.

It is submitted that after 2017, he is being harassed again and without bringing any new material on record, Annexure P-2 is issued.

After hearing learned counsel for the petitioners and going through the provisions contained in Section 310 of the Municipal Corporation Act, 1956, it is evident that an appeal is provided under Section 403(2)(c) and that being the statutory provision, petitioners are required to show that how this provision is redundant or not applicable in the case of the petitioners.

As there is an appeal provided under the statute, petitioners are relegated to avail the said remedy.

Accordingly, without commenting on the merits of the case, the petition is disposed of in above terms.