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Madhya Pradesh High Court

The State Of Madhya Pradesh vs Smt Rajni Devi on 27 February, 2023

Author: Gurpal Singh Ahluwalia

Bench: Gurpal Singh Ahluwalia

                                                           1
                           IN    THE      HIGH COURT OF MADHYA PRADESH
                                                AT GWALIOR
                                                   BEFORE
                                HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA
                                            ON THE 27 th OF FEBRUARY, 2023
                                             MISC. PETITION No. 576 of 2023

                          BETWEEN:-
                          THE STATE OF MADHYA PRADESH               COLLECTOR
                          ASHOKNAGAR (MADHYA PRADESH)

                                                                                      .....PETITIONER
                          (BY SHRI S.K. SHARMA - GOVT. ADVOCATE)

                          AND
                          1.    SMT RAJNI DEVI W/O SHRI PURSHOTTAM
                                A G R A W A L VILLAGE   MARUF    HALL,
                                ASHOKNAGAR       TEHSIL AND   DISTRICT
                                ASHOKNAGAR (MADHYA PRADESH)

                          2.    SMT. SUSHMA DEVI W/O SHRI VINOD AGRAWAL
                                VILLAGE MARUF HALL, ASHOKNAGAR TEHSIL
                                AND    DISTRICT  ASHOKNAGAR      (MADHYA
                                PRADESH)

                                                                                    .....RESPONDENTS


                                This petition coming on for admission this day, th e court passed the

                          following:
                                                            ORDER

This petition under Article 227 of Constitution of India has been filed against the order dated 18.3.2019 passed by the Board of Revenue, Gwalior in Case No. 2879/II/2016/Ashoknagar/Revision by which the order passed by the Additional Commissioner, Gwalior on 20.7.2015 and order dated 13.1.2006 passed by Collector, Ashoknagar have been set aside and the order dated 12.10.2004 passed by Tehsildar, Ashoknagar has been affirmed.

The Tehsildar by order dated 12.10.2004 had allotted certain land to the respondents. Said allotment order was set aside by the Collector, Ashoknagar in Case No. 41/2006-07/Suo Moto Revision dated 13.12.2006 with the finding that the order of Tehsildar was obtained in connivance with Shri Sukhveer Singh, then then Tehsildar, Ashoknagar and accordingly recommendation was made to take action against the Tehsildar. The order of Collector was affirmed by the Additional Commissioner, Gwalior in Case No. 441/2007-2008/Appeal. It appears that the respondents approached the Board of Revenue by filing Revision No. 2879/II/2016/Ashoknagar and the said revision was allowed by order dated 18.3.2019.

This petition has been filed after four years of passing of the impugned order. Under the High Court Rules, proforma has been prescribed for a petition under Article 227 of the Constitution of India. Clause 4 of the proforma provides for an explanation if there is any delay in filing the writ petition.

The Clause 4 of the writ petition reads as under:-

"Delay, if any, in filing the petition and explanation therefor : (State exact period within which the petition is filed after accrual of cause of action therefor)"

The impugned order was passed by the Board of Revenue on 18.3.2019 whereas this petition has been filed on 25.1.2023. No explanation has been given for the delay of approximately four years. Collector, Ashoknagar in his impugned order has specifically mentioned that a very costly land has been settled in favour of the respondents. Thus, it is clear that the entire effort of the O.I.C. was to sit over the matter and to file with delay so that the petition can be dismissed on the ground of delay thereby giving undue advantage to the respondents. This Court by mechanically condoning the delay cannot Signature Not Verified Signed by: ALOK KUMAR Signing time: 27-Feb-23 4:34:35 PM 3 encourage such type of practices unless and until the officers are dealt with iron hands.

Accordingly, Chief Secretary, State of Madhya Pradesh is directed to enquire into the matter and to find out that who are the persons who were sitting over the impugned order thereby facilitating the filing of petition with delay.

The Chief Secretary shall pinpoint the officers who are responsible for the delay and after issuing notices and hearing them shall decide that the cost of the present market value of the land is to be recovered from which officer for sitting over the matter.

Let the entire exercise be completed within a period of one month from today.

Chief Secretary is directed to submit his enquiry report as well as action taking report before the Principal Registrar of this Court latest by 10th of April, 2023.

With aforesaid observation, this petition is dismissed as barred by delay.

(G.S. AHLUWALIA) JUDGE AKS Signature Not Verified Signed by: ALOK KUMAR Signing time: 27-Feb-23 4:34:35 PM