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2021 Supreme(MP) 398

SHEEL NAGU, ANAND PATHAK
Ram Bharose Sharma – Appellant
Versus
State of M. P. – Respondent


Advocates:
J. P. Mishra and Aditya Sharma for petitioner; Ankur Modi, Additional Advocate General for respondents No. 1 and 2/State; Deepak Khot for respondent No. 3.

ORDER

Pathak, J -- 1. The present petition under Article 226 of the Constitution of India has been preferred by the petitioner as Pro Bono Publico in which quashment of resolution dated 8.4.2020 (Annexure P/1) and resolution dated 29.6.2020 (Annexure P/4) passed by Divisional Commissioner as Administrator of Municipal Corporation, Gwalior; whereby, the order dated 26.5.2020 (Annexure P/2) passed by Commissioner, Municipal Corporation, Gwalior and order dated 8.6.2020 (Annexure P/3) passed by Additional Commissioner, Municipal Corporation, Gwalior has been considered by the Administrator, Municipal Corporation, Gwalior (respondent No. 3 herein) and it is resolved to accept Rs. 5,000/- as publication charges from the owners/applicants for mutation of immovable properties and in lieu thereof, they have been given facility to get the notice for mutation published in the format prescribed by the Corporation.

2. It is the grievance of the petitioner that section 167 of the Municipal Corporation Act, 1956 (for short “Act of 1956”) nowhere contemplates such mechanism whereby Corporation may seek mutation fees from applicants for publication of notice. Section 167 of the Act of 1956 does not

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