Writ Petition No.2433/2010
26.4.2010
Shri Kamal Singh Rajput, counsel for the petitioner.
Shri Samdarshi Tiwari, Government Advocate for the State.
By this petition filed under Article 226 of the Constitution the
petitioner has prayed for quashing of the Revenue Recovery
Certificate dated 3.9.2009 Annexure P5, issued against her in RRC
Case No.30A76/08-09 under section 92 of the Madhya Pradesh
Panchayat Raj Avam Gram Swaraj Adhiniyam, 1993 (in short "the
Adhiniyam").
The case of petitioner is that she as Sarpanch of Gram
Panchayat Dar under Janpad Panchayat Chitrangi, District Singrauli
has spent public funds while implementing Government schemes for
the benefit of gram panchayats and the Tahsildar (respondent no.5)
without giving any opportunity of hearing to her has issued the
impugned Revenue Recovery Certificate alleging misuse of funds.
The petitioner has submitted that since the Revenue Recovery
Certificate has been issued in utter violation of section 92(4) of the
Adhiniyam, the same is liable to be quashed.
The State Government in its return, filed in similar writ
petition No.13607/2009 (which was adopted in other identical writ
petitions) stated that on complaints regarding misuse of public
funds by the Sarpanch of gram panchayats, a Scrutiny Committee
was constituted for enquiry which found gross misuse of public
funds by the Sarpanch of as many as 103 gram panchayats under
Janpad Panchayat, Chitrangi. In the return it was also stated that
more than two crore was found to have been spent without there
being any account and technical assistance and, therefore,
Collector, Singrauli passed an order dated 8.5.2009 directing the
Sub-Divisional Officer, Chitrangi to initiate proceedings for recovery
of money from the Sarpanch in accordance with the provisions of
the Adhiniyam. The State Government, however, admitted in the
return that before issuing the Revenue Recovery Certificate against
the Sarpanch of different gram panchayats, no opportunity of
hearing as required under section 92(4) of the Adhiniyam was given
and, therefore, prayed for permission to withdraw the Revenue
Recovery Certificates issued with a liberty to proceed afresh after
complying with the provisions of section 92(4) of the Adhiniyam.
In view of the said return, the State Government was
permitted to withdraw all the Revenue Recovery Certificates issued
against Sarpanch of different gram panchayats under Janpad
Panchayat Chitrangi with a liberty to initiate recovery proceedings
against them afresh.
The stand taken by the State Government in the present
petition is same as it was in W.P.No.13607/2009. Accordingly, the
State Government is permitted to withdraw the Revenue Recovery
Certificate issued against the petitioner with a liberty to initiate
recovery proceedings against her afresh in accordance with the
provisions of section 92 of the Adhiniyam. As the State
Governments itself has decided to grant the relief prayed for by the
petitioner no further order is necessary in this petition.
The petition stands finally disposed of.
JUDGE
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