MP High Court Fines Indore Civic Officer Rs 1 Lakh For Order Based On Repealed Provisions

The Madhya Pradesh High Court at Indore has imposed exemplary costs of Rs 1,00,000 on an Indore Municipal Corporation officer who passed an order relying on provisions of the Municipal Corporation Act that had been omitted in 2020, calling it a case of “utter ignorance” and “non-application of mind”.

Justice Sandeep N. Bhatt, on October 28, 2026, was hearing a writ petition filed by M/s Bafgna Hospital and Orthopedics Research Centre Pvt Ltd against the Indore Municipal Corporation and others. The petition challenged an order dated September 30, 2026, and a subsequent ledger report dated October 7, 2026.

Advocate Vibhor Khandelwal, along with Advocate Jayesh Gurnani, appeared for the petitioner. Senior Advocate Manoj Munshi, along with Advocates Shashank Shrivastava and Vikram Malviya, appeared for the Corporation. Manohar Vishwakarma, ARO (Law) of the Corporation, was present pursuant to the Court’s October 26 order.

After arguing for some time, the Senior Counsel, upon instructions from the concerned officer, told the Court that the authority was withdrawing the impugned order, as it was “apparently bad in law and can be considered as non-est”.

The Court said it was “reluctant to take a lenient view in the matter”, but noted that the petitioner’s grievance could ultimately be redressed if the order was withdrawn. Accepting the statement made at the Bar, it held that the purpose of the petition would be served, as the order and the ledger report would be treated as non-est and withdrawn.

That did not end the matter for the officer. Expressing displeasure, the Court said: “It is painful to note that the respondent authority, who is the statutory authority under the Municipal Corporation Act is required to discharge duty to adjudicate the proceedings... in accordance with law within the four corners of law.”

The Court pointed out that Sections 143, 146 and 153 of the Act, which “stood omitted in the year 2020”, were relied upon while passing the order. This, it said, showed “utter ignorance of the responsible officer who is duty bound to adjudicate the grievance of the concerned person strictly in accordance with law”. The situation was “clearly disappointing and painful”, the Court added, and “not required to be repeated in future”.

Though it permitted withdrawal, the Court said it could not ignore that the order was passed “in mechanical manner, without applying mind in proper manner”. Such an order, it observed, could “certainly be considered as exercising jurisdiction by misusing the power vested with the concerned officer”, forcing the petitioner to approach the High Court and wasting the Court’s “precious judicial time”.

Imposing costs “with a view to set an example”, the Court noted that officers of statutory authorities normally file litigation “at the cost of public money” and must therefore take all precautions. It held this was a fit case for exemplary costs of Rs 1,00,000 on the erring officer for relying on “irrelevant or non-existing provisions”.

The Corporation was directed to deposit Rs 75,000 in favour of the M.P. Legal Services Authority, Indore, and Rs 25,000 in favour of the petitioner towards the cost of litigation, within seven days.

The Court protected the public exchequer. It directed the highest officer of the Corporation to ensure that the amount is recovered from the erring officer, so that the “burden of the cost” is not borne by the Municipal Corporation. This must be done within 15 days from payment of the costs.

With these directions, the petition was disposed of.

Case Title: M/S Bafgna Hospital and Orthopedics Research Centre Pvt Ltd vs. Indore Municipal Corporation and Others

Order Date: October 28, 2026

Bench: Justice Sandeep N. Bhatt