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Madhya Pradesh High Court

Eagle Seed And Biotech Ltd. Vaibhav Jain ... vs The State Of Madhya Pradesh on 27 September, 2017

                             WP-1984-2017
 (EAGLE SEED AND BIOTECH LTD. VAIBHAV JAIN S/O LATE R.K. JAIN Vs THE STATE OF
                              MADHYA PRADESH)


27-09-2017

Shri Rohit Saboo, learned counsel for the petitioner.
Ms. Bhakti Vyas, learned Government Advocate for the
respondent No.1/State.

Shri Kamal Airen, learned counsel for the respondent Nos. 2 and 3.

By this petition, the petitioner is being aggrieved by the order dated 22.2.2017, by which the appeal has been dismissed for want of prosecution as the appellant did not appear before the Appellate Authority on several occasions for argument. The petitioner had filed the appeal under Section 61 of the Krishi Upaj Mandi Adhiniyam being aggrieved by assessment order dated 8.10.2012 by Krishi Upaj Mandi, Sanver, District Indore. The petitioner has challenged the assessment order on the ground that the seed does not come under the definition of “agricultural produce”, as it is not fit for consumption. The petitioner has filed photocopy of the order sheets from 29.5.2013 to 22.2.2017 and it appears that on most of the date the petitioner was not available for argument. Hence, the learned Appellate Authority had no option, but to dismiss the appeal.

After notice, the respondents have filed the reply by submitting that there was no valid justification on the part of the petitioner for non-appearance on several datesand the petitioner is having remedy of filing revision before the State Government.

The question raised in the petition, requires consideration by the Appellate Authority. Therefore, in the interest of justice, the non-appearance of the petitioner before the Appellate Authority is hereby condoned and the matter is remitted to the Additional Director, M.P. Rajya Krishi Vipnan Board, Bhopal to decide the case on its merit. The petitioner undertakes to appear before the Appellate Authority and argue the matter on merits on 8.11.2017. The Appellate Authority is directed to decide the case within a period of thirty days thereafter.

With the aforesaid, the present petition is allowed with a cost of Rs.10,000/-, which is payable to the Krishi Upaj Mandi. The said amount be deposited in the Mandi Nirashray Nidhi.

C.c. as per rules.

(VIVEK RUSIA) JUDGE