SRISHTI SHIVHARE Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Today, this Special Bench has been constituted for hearing of this petition.

(2.) This petition under Article 226 of the Constitution of India has been filed assailing the order dtd. 13/4/2023 passed by the Naib Tahsildar, Lakhnadon Circle Dhuma, District Seoni. By order dtd. 12/4/2023, the Sub Divisional Officer (Revenue), Tahsil Lakhnadon, District Seoni has held that the petitioner after encroaching upon the Govt. land is running a liquor shop. Accordingly, Naib Tahsildar, Dhuma was directed to take action against the petitioner under Sec. 248(1) of the M.P.L.R. Code. At the same time, Sarpanch/Secretary of Gram Panchayat Dhuma, Tahsil Lakhnadon, District Seoni were issued strict warning for passing a resolution which is beyond the jurisdiction of the Gram Panchayat/Sabha. In compliance of order dtd. 12/4/2023, passed by S.D.O., Lakhnadon, Distt. Seoni, the Naib-Tahsildar, circle Dhuma, Tahsil Lakhnadon, Distt. Seoni has passed the impugned order on 13/4/2023 and has directed the petitioner to vacate the shop by 16/4/2023.

(3.) It is submitted by counsel for the petitioner that on 28/3/2022 a rent-note was executed between the petitioner and the Gram Panchayat Dhuma by which Gram Panchayat building was let out for running a liquor shop on monthly rent of Rs.9,000.00. This rent agreement was valid upto 31/3/2023. It is submitted that in clause 5 of the rent note, it was provided that in case if licence is granted to the petitioner to run the liquor shop for the next year then this agreement/rent note shall be extended. Accordingly, a resolution has been passed by the Gram Sabha on 14/4/2023 for extending rent-note/agreement.