MUMTAZ BEE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The petitioner has filed the present petition being aggrieved by notices dtd. 29/1/2023 (Annexure P/1) and 30/1/2023 (Annexure P/2) issued by Gram Panchayat, Chiklana.

(2.) 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.

(3.) The aforesaid action has been taken u/s. 55 of the Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993. Sub-sec. (4) of Sec. 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.