KAN SINGH Vs. STATE OF MADHYA PRADESH
HIGH COURT OF MADHYA PRADESH
STATE OF MADHYA PRADESH
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SUJOY PAUL,J. -
(1.) In these batch of petitions filed under Article 226 of the Constitution, challenge is made to similar Notifications dated 04/10/2018 (Annexure P/3), 29/09/2018 (Annexure P/4) & 02/07/2020 (Annexure P/1) issued by Urban Development and Housing Department in exercise of power under Section 5(1)(B) of Madhya Pradesh Municipalities Act, 1961 (37 of 1961) (in short Municipalities Act), whereby Govt. included the areas of certain village panchayats as Municipal Council.
(2.) This Court by common order dated 21/10/2020 had set aside the impugned Notifications by reserving liberty to the State to follow the "due process" and proceed afresh.
(3.) Review Petitions No.51 & 52 of 2021 were filed by the State seeking review of said common order dated 21/10/2020. The singular ground taken in the review petition was that a gazette Notification dated 27/11/2011 was filed by the State in aforesaid writ petitions but while passing the final order, the said Notification has not been taken into account. If Notification would have been taken into account, the fate of the matters would have been different. Since a relevant Notification which has a bearing on the issues involved has been left out, the matter may be reviewed. The review petitions were entertained and order dated 21/10/2020 was reviewed and recalled. The writ petitions were directed to be restored to their original numbers. In turn, these matters again came up for consideration before us.;
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