ORDER

The petitioners have filed the present Writ Petition being aggrieved by the notice dated 17.04.2024 whereby Sarpanch and Secretary of the Gram Panchat Lakoda, District Ujjain directed them to submit a documents pertaining to the ownership, building permission within three days.

2. The petitioners submitted these documents alongwith reply dated 19.04.2024. Now the petitioners are apprehending the demolition of the portion of the house by the Gram Panchayat. However, till today the Gram Panchayat has not passed any final order in respect of the notice dated 17.04.2024.

3. Learned Counsel for the petitioners submits that under Section 56 of M.P. Panchayat Raj Adhiniyam, the Gram Panchayat is not competent to demolish the property or remove the encroachment. The Gram Panchayat by way of resolution can request to Tehsildar to remove hindrances/obstructions/ encroachment.

4. The aforesaid contention is not acceptable because as per the proviso of sub section (2) of Section 56, the Gram Panchayat may resolves to remove the hindrances, obstruction or encroachment vested in the State Government and may refer to the Tehsildar to remove such hindrances.

5. Learned counsel for the petitioners further submits that the Gram Panchayat is taking action because petitioners contested election against the sitting Sarpanch and now he is trying to take revenge from the petitioners. As on today, only show cause notice was issued to the petitioners and the petitioners have already submitted reply alongwith documents.

6. Let Gram Panchayat take a decision and if any adverse decision is taken against the petitioners, he may challenge before the prescribed authority of the Gram Panchayat. If any adverse order is passed, same may not be given effect for seven days so that the petitioners may avail the remedy under the law.

With the aforesaid, Writ Petition is disposed of.

(VIVEK RUSIA) JUDGE Praveen Signature Not Verified Signed by: PRAVEEN Signing time: 25-04- 2024 17:36:12