Satyaram Singh Baghel vs State of M.P. and Others

Heard.

This Public Interest Litigation has been filed against an order dated 22/4/13 (Annexure-P/1).

There was a controversy in regard to construction of Panchayat Bhawan of Gram Panchayat Rachhedi, district Bhind. Earlier also, a Public Interest Litigation was filed in this regard. It was registered as W.P. No. 3188/12. This court disposed of the said writ petition vide order dated 7/5/12 with the following directions:-

In this view of the matter, this writ petition is disposed of with a direction that the collector shall decide the representation of the petitioner within a period of two weeks from the date of receipt of copy of this order.

With the aforesaid direction, this writ petition is disposed of. No order as to costs.

Pursuant to the aforesaid directions, the Collector, Bhind decided the controversy and Gram Panchayat, Rachhedi also passed a Resolution and a decision was taken to construct the Panchayat Bhawan on the land of Survey No. 827 of village Kashipura of Gram Panchayat Rachhedi.

Certain persons were not satisfied with the said decision, hence, another PIL was filed before this court by petitioners Sughar Singh and Vinayak Singh which was registered as W.P. No. 5389/12. This court vide order dated 19/2/13 dismissed the writ petition with the following directions:-

Counsel for the petitioners has submitted that the place has been fixed ignoring the recommendations of the Executive Engineer and other authorities of the Public Works Department.

In our opinion, the Collector has fixed the place. Earlier also, a direction was issued by this court and accordingly, the matter has been considered by the collector. The Panchayat has no objection about the construction of Panchayat Bhawan on a particular place. In such circumstances, in our opinion, it is not necessary to entertain the present writ petition. Hence, the writ petition is dismissed.

On perusal of the order dated 19/2/13 passed by this court, it is clear that the court has affirmed the decision of the Panchayat as well as Collector, Bhind to construct the Panchayat Bhawan on the land of Survey No. 827 of village Kashipura.

Thereafter, again the Executive Engineer of Rural Engineering Services, Sub-division Bhind vide order dated 22/4/13 (Annexure-P/1) directed that the Panchayat Bhawan shall be constructed at the place of headquarter of Gram Panchayat Rachhedi in view of the policy of the State Govt. The respondents/State supported the action of the Executive Engineer in their return on the ground that Panchayat Rural Department itself issued a Circular dated 22/2/13 in regard to construction of Panchayat Bhawan at a particular place, copy of which has been filed as Annexure-R/1 with the return. Hence, as per learned Dy. Advocate General the decision of the Executive Engineer of Rural Engineering Services, Sub-division Bhind is in accordance with law.

In our opinion, the order dated 22/4/13 (Annexure-P/1) is contrary to the order passed by this court in W.P. No. 5389/12, which is quoted above. The administrative authority has no power to change the order of this court. If there was any difficulty to the department, it could have moved a review petition before this court but the department has no power or authority to pass the order contrary to the orders that have been passed by the competent court.

In this view of the matter, the petition is allowed. The order (Annexure-P/1), dated 22/4/13 is hereby quashed. The respondents are also directed to pay the costs of Rs. 5,000/- (Rs. Five Thousand only) to the petitioner towards litigation expenses.