VAIDEHI CHARAN SHASTRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition is arising out of the order dtd. 16/1/2023 passed by respondent no. 2 Commissioner, Gwalior Division, whereby while hearing an appeal preferred against the order dtd. 22/3/2022, wherein the challenge was to the usurping of jurisdiction by the authority has been made, an application was filed along with the appeal for stay of the effect and operation of order dtd. 22/3/2022, but as the said stay application was rejected vide impugned order 16/1/2023, the present petition has been filed.

(2.) It has been argued by the counsel for the petitioner that under provisions of M.P. Municipalities Act, 1961, particularly under Sec. 339 (c) which is to be read in conjugation with Sec. 313 of M.P. Municipalities Act, the powers of initiating action against illegal development of the colony rest with Council, and the Chief Municipal Officer or any other Officer authorized in this behalf by the Council has a right to initiate any prosecution against such illegal colonization, but the impugned order in the appeal has been passed by the Additional Collector who has no authority. Learned counsel for the petitioner further submits that ignoring the mandatory provisions of law, the stay application filed by the petitioner has been rejected. Looking to the legal postition, this Court without commenting on the merits of the case deems it fit to relegate the matter to the respondent no.2, Commissioner, who is seized with the appeal of the petitioner to decide the said appeal and till the appeal is decided the order dtd. 22/3/2023 shall remain stayed. With the aforesaid directions, the petition stands disposed of. E-copy/Certified copy as per rules/directions.