Sanjay Nayak And Others vs State Of Madhya Pradesh And Others

Sandeep N. Bhatt, J

Present petition is filed seeking following reliefs :-

(i) To issue a writ of mandamus directing Respondent No. 2 and 3authorities to immediately remove the unauthorized commercial coaching operations of Respondent No. 5 to abate the continuous private nuisance caused to the Petitioners.

(ii) To issue a writ of mandamus directing Respondent No. 2 to exercise its powers under Section 307 of the M.P. Municipal Corporation Act, 1956, to demolish/remove all illegal cricket nets, sheds, and commercial infrastructure from the said park.

(iii) To issue a writ of mandamus directing Respondent No.

7 to exercise statutory powers under Section 32 of the M.P. Society Registrikaran Adhiniyam, 1973, to conduct an immediate inquiry in to the unauthorized commercial dealings, misrepresentation of registered objects, and financial collections by Respondent No. 4.

(iv) To issue a writ of mandamus directing Respondent No. 8 to initiate a time-bound departmental inquiry and take strict disciplinary action against Respondent No.6 for violating Rule 50(4) and Rule51(1) of the State Bank of India Officers' Service Rules, 1992, by engaging in unauthorized commercial business since October 2022 and making false declarations to secure a commercial electricity connection on municipal public land.

(v) To pass any other order(s), direction(s) or relief(s) which this Hon’ble Court may deem: fit’ and proper in the facts and circumstances of the case in the interest of justice."

Learned counsel for the petitioners submits that the main grievance of the petitioners is regarding non-consideration of their representation (Annexure P/5) made to respondent No.2/ Municipal Commissioner who has power under section 82(2) of the M.P. Municipal Corporation Act.

Considering the nature of the petition, this court is of the opinion that the petition is pre-mature at this stage. However, it is open for the petitioners to make a fresh representation before respondent No.2/Municipal Commissioner with necessary details and documents within ten days from today. In turn, respondent No.2 shall look into the matter by considering the material available with the Corporation and decide the same as expeditiously as possible preferably within four weeks from the date of receipt of certified copy of this order.

With the above direction, present petition is disposed off.