SEWAK SOUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) With consent of the parties, the matter is heard finally. In this writ petition, the petitioner inter-alia has challenged the validity of the notice dated 7.8.2015 by which the petitioner has been asked to deposit a sum of Rs.2,04,550/- and then to file reply upto 20.8.2015 failing which proceeding under Section 92 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (hereinafter referred to as 'the Act, 1993') shall be initiated against the petitioner.

(2.) Facts giving rise to filing of the writ petition briefly stated are that the petitioner was posted as Ex-Sarpanch of Gram Panchayat Jyomoura, Janpad Panchayat Pra, Distt. Tikamgarh. The SubDivisional Officer, Niwadi, Distt. Tikamgarh, has issued a notice dated 7.8.2015 mentioned supra. In the circumstances aforesaid, the petitioner has approached this Court.

(3.) Learned counsel for the petitioner submits that the petitioner has been condemned unheard in as much as, the liability to pay the amount has been determined behind his back and the petitioner is being asked to deposit the amount in question first and then to submit the reply. It is further submitted that the impugned notice has been issued in flagrant violation of principles of natural justice.