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2023 Supreme(MP) 394

G. S. AHLUWALIA
Meera Yadav – Appellant
Versus
State of M. P. – Respondent


Advocates:
Vipan Yadav for petitioner; Mohan Sausarkar, Government Advocate for respondents/State.

ORDER

1. This petition under Article 226 of Constitution of India has been filed seeking following reliefs :--

“(i) To issue a writ in the nature o f certiorari letter datd 22.4.2022 may kindly be quashed.

(ii) To issue a writ in the nature of mandamus respondents may kindly be restrained to take any coercive action against the petitioner.

(iii) Any other writ or direction as the Hon’ble Court may deems fit in the circumstances of the case.”

2. It is the case of petitioner that by impugned order dated 22.4.2022, a direction has been issued to lodge an F.I.R. on the basis of report submitted by National Level Monitor Team (NLM) against petitioner and others for committing irregularities in Gram Panchayat, Nadiya in an arbitrary manner.

3. It is submitted that direction has been issued contrary to the mechanism, which has already been provided under the Mahatma Gandhi National Rural Employment Guarantee Act, 2005 (for short ‘MGNREGA Act’) and Madhya Pradesh Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (for short ‘Adhiniyam 1993’) by which the loss and misappropriation can be recovered. It is further submitted that the act of the officers is protected under section 28 and 30 of

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