SHAHRUKH JAFRI Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) Case is taken up on special request made to the Hon'ble Chief Justice. This is a petition assailing the impugned notice dtd. 14/4/2023 issued in purported exercise of powers conferred under Sec. 307(3) of the Municipal Corporation Act, 1956.

(2.) Learned counsel for the petitioner contends that, earlier as well, the petitioner herein was confronted with a notice dtd. 14/2/2022 and the said notice was duly replied by the petitioner. Thereafter, the respondents were sitting tight over the matter for more than a year and thereafter they issued another notice dtd. 10/4/2023 which is at page No.38 of the petition.

(3.) Learned counsel for the petitioner submits that a detailed reply in the form of legal notice by the counsel, which is contained in Annexure-P/10 was submitted. Without considering the reply of the petitioner, the respondents have issued the impugned notice on a day which is a National Holiday i.e. Ambedkar Jayanti. Therefore, as notice has been issued in a most capricious and callous manner and thus, deserves to be stayed.