LAXMINARAYAN SONI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India has been preferred against the order dtd. 16/1/2023 whereby the Additional Collector, District Shivpuri exercising the powers under Sec. 339(C) of Madhya Pradesh Municipalities Act, 1961 has held the petitioner to be developing an illegal colony without due and requisite permissions and has directed the CMO, Nagarpalika, Shipvuri to get FIR registered against the present petitioner, within a period of seven days and intimate the same to the said authority.

(2.) It has been argued by the counsel for the petitioner that under the 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 rest with the Council, Chief Municipal Officer or any other Officer authorized in this behalf to initiate any prosecution against such acts as alleged against the petitioner and since the order has been passed by the Additional Collector who has no authority, the order is bad in law.

(3.) To bolster his submission, learned counsel for the petitioner has relied upon the orders of Co-ordinate Bench of this Court in the case of Smt. Rekha Gupta Vs. State of M.P. passed in W.P.No.8326/2012 decided on 18/04/2016 and in the case of Shivcharan Vs. State of M.P. passed in W.P.No.19937/2017 decided on 22/11/2017.