IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE SUSHRUT ARVIND DHARMADHIKARI ON THE 3^rd OF AUGUST, 2022 WRIT PETITION No. 17410 of 2022 Between:-

VIRENDRA SINGH YADAV S/O SHRI RAJBAHADUR YADAV, AGED ABOUT 62 YEARS, OCCUPATION: EX-SARPANCH, GRAM PANCHAYAT JHAMARA, JANPAD PANCHAYAT DEVRI DISTRICT SAGAR (MADHYA PRADESH)

.....PETITIONER (BY SHRI VINAY PRATAP SINGH - ADVOCATE)

AND

1. STATE OF MADHYA PRADESH THROUGH SECRETARY PANCHAYAT ANDRURAL DEVELOPMENT VALLABH BHAWAN BHOPAL (MADHYA PRADESH)

2. THE COMMISSIONER SAGAR DIVISION SAGAR, DISTRICT SAGAR (MADHYA PRADESH)

3. THE COLLECTOR SAGAR DISTRICT SAGAR (MADHYA PRADESH)

4. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT SAGAR DISTRICT SAGAR (MADHYA PRADESH)

5. CHIEF EXECUTIVE OFFICER JANPAD PANCHAYAT SAGAR DISTRICT SAGAR (MADHYA PRADESH)

6. STATION HOUSE OFFICER POLICE STATION MAHARAJPUR DISTRICT SAGAR (MADHYA PRADESH)

7. HARISING GOND (SAHAYAK SACHIV) GRAM ROJGAR SAHAYAK GRAM PANCHAYAT JHAMARA, JANPAD PANCHAYAT DEVRI, Signature Not Verified SAN DISTRICT SAGAR (MADHYA PRADESH)

(BY SHRI RITWIK PARASHAR - GOVERNMENT ADVOCATE)

This petition coming on for admission this day, the court passed the following:

ORDER

By way of the present petition, the petitioner is challenging the orders dated dated 22.07.2022 (Annexure P/6 and P/7) whereby the CEO Jila Panchayat has directed the police authority to arrest the petitioner for default of payment of money under Section 92(2) of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993.

Learned Government Advocate has raised an objection that the present writ petition is not maintainable since the respondents have conducted the inquiry under Section 89 of the M.P. Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 and final order dated 24.01.2022 has been passed directing the petitioner to deposit the amount of Rs.50,635/-. Against the order dated 24.01.2022, the petitioner has approached the Commissioner and also sought stay of the order and the proceedings is still pending, therefore, this writ petition is not maintainable.

Heard the learned counsel for the parties.

This Court finds force in the submissions of learned counsel for the respondents. In view of the aforesaid facts and circumstances, this Court is not inclined to exercise the extraordinary writ jurisdiction under Article 226 of the Constitution of India. The petition being bereft of merit and substance, is hereby dismissed Signature Not Verified SAN (S. A. DHARMADHIKARI)

D C i H g O ita U ll R y A si S g I n Y e A d by VARSHA JUDGE vc Signature Not Verified SAN