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2011 DIGILAW 581 (MP)

Sharad Kumar Sharma v. Collector

2011-05-10

SANJAY YADAV

body2011
JUDGMENT : The petitioner by way of this petition filed under Article 226/227 of the Constitution of India seeks the following relief :- "(i) to direct respondents No. 1/2 to produce the original record of Case No. 23/200-2007 for perusal of this Hon'ble Court. (ii) to issue an appropriate Writ of Mandamus or other appropriate writ, directing respondent No.1/2 to complete the inquiry within a stipulated period and if respondents No. 4 & 5 are found to be guilty, to follow the procedure envisaged under Section 40 of M.P. Panchayat Raj Adhiniyam, 1993. (iii) to grant any other relief which this Hon'ble Court deems fit and proper under the facts and circumstances of the case, in the interest of justice; and (iv) to award the cost of the petition to the petitioner." Respondents on being noticed have filed the return, where in paragraph 6 it is noted : "6. That after taking into consideration all the evidence and material and perusing all the relevant records of the Gram Panchayat Temagaon the answering respondent no. 3 submitted his report dt.12.10.2007 to the Collector on 22.10.2007. The answering respondent no. 3 in his report concluded that after going through the complaint made by the petitioner and as per the show cause notice and the reply and the material and evidence on record place, no ground has been made out for taking action against the Sarpanch Gram Panchayat Temagaon under Sec. 40 of the MP Panchayat Raj Adhiniyam and therefore the show cause notice issued is cancelled. Copy of the report of the answering respondent no. 3 is filed herewith as ANNEXURE R-5. " In view of categorical stand of respondents being not contradicted by the petitioner no cause now survives for adjudication. Since no relief now can be granted to the petitioner, the present petition is dismissed having been rendered infructuous.