MAA KATYAYNI DEVI Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 226 of the Constitution of India has been filed against the order dated 15/4/2019, Annexure P/1, passed by the Chief Municipal Officer, Muncipal Council Bairad, District Shivpuri, by which the certificate issued in favour of one Raghuveer Singh Dhakad has been withdrawn.

(2.) It is submitted by the counsel for the petitioner that on 5/1/2019 a certificate was issued by the Municipal Council Bairad, District Shivpuri in favour of one Raghuveer Singh Dhakad to the effect that his house No.872/4 is constructed over 70 X 82 sqft. and there is a playground adjoining to the said house and in the house a school is functional. It is submitted that thereafter Raghuveer Singh Dhakad executed a lease deed in favour of petitioner. Now, the Chief Municipal Officer/respondent no.2 has withdrawn the certificate by impugned letter dated 15/4/2019. It is submitted that before withdrawing the said certificate, the concerning officer has not given any opportunity of hearing and has not assigned any reason.

(3.) Per contra, it is submitted by the counsel for the State that so far as the certificate in question is concerned, it was issued in favour of one Raghuveer Singh Dhakad and not in favour of the petitioner. The respondent no.2 was under no obligation to give any opportunity of hearing to the petitioner. Furthermore, where the certificate was obtained by playing fraud on the authority, then the same can be withdrawn without giving any opportunity of hearing.