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Gram Panchayat Gangteera Kala & Ano. vs. State of M.P. & Ors.
W.P. No.9807/2010
06.09.2010
Heard Shri R. S. Verma, learned counsel for the petitioners, on
the question of admission and interim relief.
The petitioners have filed this petition being aggrieved by the
show cause notice dated 18.5.2010 issued by respondent no.3. The
petitioners have assailed the aforesaid show cause notice on various
grounds including the fact that the action of the Secretary is contrary
to the resolution of the Gram Panchayat which fact has not been
taken into consideration by the authorities.
From a perusal of the petition it is clear that no action is being
taken against petitioner no.1 and, therefore, the petition filed by
petitioner no.1 is misconceived. As far as petitioner no.2 is
concerned, he is yet to file a reply to the impugned show cause notice
Annexure P-12 before the competent authority bringing to its notice
all his objections.
In the circumstances, the petition filed by the petitioners is
premature at this stage and is accordingly disposed of with liberty to
petitioner no.2 to approach respondent no.3 by filing a reply if he has
not already done so and in case the petitioner no.2 does so, the
respondent authorities shall proceed thereon in accordance with law.
With the aforesaid liberty/observation, the petition filed by the
petitioner stands disposed of.
C.C as per rules.
( R. S. JHA )
JUDGE
mms/-