PRAMOD KUMAR BARUA Vs. STATE OF M.P.

JUDGEMENT

(1.) Present review petition has been preferred at the instance of Writ Petitioner of W.P. No.697 of 2009 being crestfallen by the order dated 16.11.2018 passed by this court whereby, the petition preferred by the petitioner has been dismissed. It appears that the review petitioner took exception of the said order by way of filing Writ Appeal No.1662 of 2018 wherein, vide order dated 30.11.2018, the matter was dismissed as withdrawn with liberty to file review petition. Therefore, this review petition has been preferred.

(2.) At the outset, learned counsel for the petitioner prays for taking into consideration the grounds raised in the writ appeal also i.e. non compliance of Section 330 of Madhya Pradesh Municipalities Act, 1961 (herein after would be referred as "the Act of 1961") which according to the petitioner has not been adhered to by the respondents and thus, caused illegality.

(3.) It is the submission of counsel for the petitioner that Section 330 of the Act of 1961 contemplates Control of State Government in which proviso provides for opportunity of hearing if the legality or propriety of proceedings of any meeting or council or committee is called for examination or verified or reversed, then opportunity of hearing is to be given and according to him in the instant case, no such opportunity of hearing has been given. Therefore, whole proceedings have been vitiated on the anvil of non compliance of provisions contained in Section 330 of the Act of 1961.