MAHABALI GAUTAM Vs. STATE OF M P

JUDGEMENT

(1.) It appears from the facts stated in the petition that the petitioner was functioning as the Sarpanch of Gram Panchayat Pathari, Block Sirmour, district Rewa at the relevant time. During the said period, under the Jawahar Rojgar Yojna, certain sums of money were made available to the said Gram Panchayat through the Block Development Officer for being spent for the purposes specified in the scheme.

(2.) It also appears that in the month of October 1990, the petitioner was served with a notice dated 15-10-1990 (Annexure-P/2) by the Block Development Officer/Chief Executive Officer, Janpad Panchayat Sirmour asking him to explain within a period of seven days as to what works were completed by the Gram Panchayat out of the amount of Rs. 91,475/- handed over to it, failing which he /. e. the said authority would be compelled to issue a R. R. C. for the recovery of the said amount as arrears of land renvenue from him. According to the petitioner, after the receipt of the above said notice, he did submit a reply to the same dated 4-12-1990 (Annexure-P/2) to the said officer. But, then, without any enquiry having been made into the matter, the said officer vide demand notice Annexure-P/3, purporting to have been issued under Section 146 of the M. P. Land Revenue Code, 1959 asked the petitioner to deposit the said amount within a period of seven days. It was made clear in the said notice that in case the said amount was not deposited within seven days, coersive steps would be taken for recovery of the amount by him. It is being aggrieved by the notices dated 15-10.1990 (Annexure-P/1) and Annexure-P/3 issued by the Block Development Officer/Chief Executive Officer, Sirmour that the petitioner has filed the present petition in this Court.

(3.) In our opinion, the petition filed by the petitioner deserves to be allowed on the ground that the impugned notices were issued by the Chief Executive Officer unauthorisedly in contravention of the relevant provisions contained in M. P. Panchayat Raj Adhiniyam, 1990.