Madhya Pradesh High Court
Sunil Dehariya vs The State Of Madhya Pradesh on 15 February, 2019
1 WP-27061-2018
The High Court Of Madhya Pradesh
WP-27061-2018
(SUNIL DEHARIYA Vs THE STATE OF MADHYA PRADESH)
2
Jabalpur, Dated : 15-02-2019
Mr. Shailesh Tiwari, learned counsel for the petitioner.
Mr. Ishan Mehta, learned Govt. Advocate for the respondent/State.
Learned counsel for the petitioner wants to withdraw this petition with liberty to move a Second Appeal before the authority, as laid down in Circular No.3728/MREGS/MP/Esstt./NR-2/17 dated 03.6.2017 issued by the State Government, which provides for filing a Second Appeal before the Commissioner.
The Commissioner shall not dismiss the appeal which may be preferred by the petitioner on account of limitation, as the circular was not known to the petitioner at the time of filing of the Writ Petition before this Court and the same was bonafide. The petitioner shall prefer the appeal within a period of 15 days from the date of receipt of certified copy of this Court's order and the Commissioner is requested to decide the said appeal within a period of 40 days from the date on which the said appeal may be preferred by the petitioner. The appeal shall be decided on merits, after giving an opportunity of hearing to the petitioner, with a reasoned order.
With the aforesaid liberty, the writ petition stands dismissed as withdrawn.
C.C. as per rules.
(ATUL SREEDHARAN) JUDGE a Digitally signed by ASHISH DATTA Date: 17/02/2019 21:30:11