JASMANT Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) The instant writ petition under Articles 226 & 227 of the Constitution of India has been filed by the petitioners challenging the Resolution No.16 dtd. 2/10/2025 passed by the respondent No.5/Gram Panchayat pertaining to the location of construction of the Panchayat Bhawan.

(2.) The learned counsel appearing for the petitioners submits that earlier the Resolution dtd. 25/1/2025 (Annexure P/3) was passed, wherein it was unanimously resolved to construct the Pancayat Bhawan on Survey No.246, but by the impugned Resolution dtd. 2/10/2025, the location has been arbitrarily changed to Survey No.437. He, therefore, submits that the petition may be entertained and appropriate orders be passed.

(3.) On the other hand, the learned counsel appearing for the State submits that Sec. 85 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam provides a remedy against resolutions passed by the Gram Panchayat. Since the statutory remedy against the impugned resolution is available under the Act itself, the instant writ petition filed by the petitioners without availing the statutory remedy of appeal is not maintainable.