HEMANT VAISHNAV Vs. PANCHAYAT AND RURAL DEVELOPMENT DEPARTMENT

JUDGEMENT

(1.) As the controversy involved in both the petitions is common, therefore, both the petitions are being decided by this common order for the sake of convenience, facts narrated in W.P.7427/2019 are taken into consideration.

(2.) Petitioners have filed the present petition challenging the order dtd. 29/1/2019 and the letter/civil jail warrant dtd. 7/3/2019 passed by the Chief Executive Officer and Prescribed Authority in Jila Panchayat, Barwani in exercise of power under Sec. 92(2) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 whereby both of them have been jointly and severally directed to deposit an amount of Rs.11,24,098.00 failing which the proceedings under Sec. 92(2) of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993 shall be initiated for sending them to Civil Jail.

(3.) This Court in the case of Rosan Nargave and Another v. State of M.P. and Another reported in 2017 (3) MPLJ 73 has held that before initiating the recovery proceedings under Sec. 92(2) there should be an adjudication under Sec. 89 of the M.P. Panchayat Raj Evam Gram Swaraj Adhiniyam, 1993. This order is still governing the field in this matter. Para 9 and 10 of are reproduced below:-