O R D E R

1. We heard Mr. Shyam Divan, the learned counsel appearing for the petitioner.

2. The petitioner has invoked the jurisdiction of this Court under Article 32 of the Constitution inter alia praying for the following reliefs:-

a. Issue appropriate writ/order/directions quashing the inquiry proceedings i.e. via notice dated 20.02.2025, initiated under Section 26 Real Estate Regulatory Act read with Rule 35 of the MP RERA Rules bearing details as J-Disp-66/2025 against the petitioner pending before the inquiry committee constituted by the High Court of Madhya Signature Not Verified Pradesh, Jabalpur; and/ or Digitally signed by VISHAL ANAND Date: 2025.03.27

18:13:12 IST Reason:

b. Issue appropriate writ/ order/ directions to call for the complete records in relation to the inquiry instituted under Sec. 26 of the RERA Act r/w Rule 35 of the MP RERA Rules bearing details as J-Disp-66/2025 against the petitioner pending before the inquiry committee constituted by the High Court of Madhya Pradesh, Jabalpur.

c. Issue any appropriate order/ direction, calling for the necessary files, documents and records pertaining to the respondences between the respondent No.3 office/ Secretariat of the Chief Minister and the any office/ officer of the High Court of Madhya Pradesh, Jabalpur pertaining/ relating to removal of petitioner from his current post or institution of inquiry against him in relation thereof; and/ or Pass any other and further order or orders as this Hon'ble Court may deem fit and proper in the facts and the circumstances of the case.”

3. Mr. Divan first took us through Annexure `P-15’ at page 270 of the paper book which reads thus:-

“Chief Minister's Office Madhya Pradesh Subject:

As per the instructions of the Hon'ble Chief Minister, in the table attached in Appendix-1 of this note sheet the non-official nominations made in the corporation/ division/ board/ authority/ commission of the State are to be cancelled with immediate effect.

Therefore, it is respectfully requested to direct all concerned to take the above action as per rules, in compliance with the relevant legal provisions, and to obtain post facto approval in coordination with the Hon'ble Chief Minister.

Sd/-

(Raghavendra Kumar Singh)

Principal Secretary, Chief Minister Chief Secretary Sir, Issue today and send copy. Put up for post facto approval where necessary.

203/ Μ. Μ. Κ./ 2024

13.02.2024 Sd/-on 13/2 Secretary Madhya Pradesh Government”

4. Thereafter, he took us through the complaint filed against the petitioner – herein dated 5-7-2023 Annexure `P-13’ at Page 201 of the Paper Book and in the last, the learned counsel took us through the notice issued by the High Court of Madhya Pradesh at Jabalpur dated 20-2-2025 Annexure `P-19’ at page 289 of the paper book. The same reads thus:-

IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR “

Ref: Reg. No.4678/2024/21-B(One), Bhopal dated 25-11-2024, Law & Legislative Affairs Department, Bhopa NOTICE (Through Registered Post)

J-Disp-66/2025 February 20, 2025 To, Shri Ajeet Prakash Shrivastava, Chairperson, M.P. Real Estate Regulatory Authority, 1, Main Road, Zone-I, Arera Hills, Bhopal-462011 (MP).

As directed by His Lordship Hon'ble Shri Justice Maninder S. Bhatti, Judge, High Court of M.P., Jabalpur, having been nominated by Hon'ble the Chief Justice, High Court of M.P., in terms of the provisions of Section 26 of the Real Estate (Regulation and Development) Act, 2016, to inquire into the complaints lodged against you before the Principal Secretary, Govt. of M.P., Urban Development and Housing Department, Bhopal, duly forwarded by the Principal Secretary, Govt. of M.P., Law & Legislative Affairs Department, Bhopal, you are requested to receive copies of the complaints along with enclosures and file your response thereon, expeditiously.

Therefore, you are requested to appear in the Secretariat of Hon'ble Shri Justice Maninder S. Bhatti, Court No.18, M.P. High Court, Jabalpur on or before 04.03.2025 during Court working hours, for th