RAM BHAROSE SHARMA Vs. STATE OF M. P.

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been preferred by the petitioner as Pro Bono Publico in which quashment of resolution dated 8/4/2020 (Annexure P/1) and resolution dated 29/6/2020 (Annexure P/4) passed by Divisional Commissioner as Administrator of Municipal Corporation, Gwalior; whereby, the order dated 26/5/2020 (Annexure P/2) passed by Commissioner, Municipal Corporation, Gwalior and order dated 8/6/2020 (Annexure P/3) passed by Additional Commissioner, Municipal Corporation, Gwalior has been considered by the Administrator, Municipal Corporation, Gwalior (respondent No. 3 herein) and it is resolved to accept Rs. 5,000/- as publication charges from the owners/applicants for mutation of immovable properties and in lieu thereof, they have been given facility to get the notice for mutation published in the format prescribed by the Corporation.

(2.) It is the grievance of the petitioner that Section 167 of the Municipal Corporation Act, 1956 (for short "Act of 1956") nowhere contemplates such mechanism whereby Corporation may seek mutation fees from applicants for publication of notice. Section 167 of the Act of 1956 does not enable charging of mutation fees, therefore, resolution passed by Corporation is illegal. In support of his submissions, learned counsel for the petitioner placed reliance over the judgment passed by Division Bench of this Court (Indore Bench) in the matter of Awas Smasya Niwaran Sansthan Vs. Municipal Corporation, Indore,1986 1 MPWN 290 and later on another judgment passed by another Division Bench at Gwalior in the case of Ward Sudhar Samiti, Gwalior Vs. Municipal Corporation, Gwalior,1991 MPJR 137 while placing reliance over the said judgments. It has been submitted that action of the respondents is arbitrary and illegal. No other ground has been raised by the petitioner.

(3.) On the other hand, learned counsel for respondents/State opposed the prayer and submits that State Government has power as per Part IX, Chapter XXXVI-Control under Act of 1956. It is further submitted that if petitioner has any grievance; then he can approach State Government under Section 421 of Act of 1956 for redressal of his grievances.