KAID JOHAR TALWALA Vs. COLLECTOR

JUDGEMENT

(1.) By this petition preferred under Article 226 of the Constitution of India, the petitioner has challenged the order dtd. 27/1/2026 (Annexure P/7) passed by the Collector, District Neemuch, whereby invoking the provisions of Sec. 339-C of the M.P. Municipalities Act, 1961, he has directed the Chief Municipal Officer, Manasa to take appropriate penal action against the petitioner in accordance with law.

(2.) Learned counsel for the petitioner at the outset has brought to the notice of this Court judgment dtd. 20/12/2024 passed by Coordinate Bench of this Court at Gwalior in W.P. No.29427/2022 (Shivcharan Vs. State of M.P. and Others) and other connected petitions to contend that even if it was held that the petitioner was involved in unauthorized colonization, he was required to be issued a notice of 15 days for removal of development/construction and thereafter to send intimation to the concerned Sub Registrar to stop registration of sale/agreement to sale in the said colony and Sub Divisional Officer could not have been directly authorized to register criminal case against the petitioner.

(3.) Learned counsel for the respondents/State has submitted that there is no illegality in the impugned order passed by the Collector. He however could not dispute the proposition that the procedure as has been interpreted by this Court in the case of Shivcharan (Supra) has not been complied with.