Madhya Pradesh High Court
Balram Tiwari vs State Of M.P. on 4 May, 2022
Author: Nandita Dubey
Bench: Nandita Dubey
1
IN THE HIGH COURT OF MADHYA PRADESH
AT JABALPUR
BEFORE
HON'BLE SMT. JUSTICE NANDITA DUBEY
ON THE 4th OF MAY, 2022
MISC. PETITION No. 1804 of 2022
Between:-
BALRAM TIWARI S/O SHRI RAM ASARE TIWARI,
AGED ABOUT 35 YEARS, OCCUPATION:
AGRICULTURIST, R/O VILLAGE KISHANPUR,
TEHSIL AJAYGARH, DISTRICT PANNA (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI SANJAY PATEL, ADVOCATE )
AND
1. STATE OF M.P. THROUGH ITS COLLECTOR
PANNA, DISTRICT- PANNA (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER (REVENUE)/ LAND
ACQUISITION OFFICER AJAYGARH, TEHSIL
AJAYGARH, DISTRICT-PANNA (MADHYA
PRADESH)
3. DEPUTY CHIEF ENGINEER, WEST CENTRAL
RAILWAY BHOPAL, DISTRICT BHOPAL (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI AMIT SHARMA, GOVERNMENT ADVOCATE FOR THE
RESPONDENTS NO.1 AND 2/STATE)
(BY SHRI C.N. TIWARI, ADVOCATE FOR THE RESPONDENT NO.3 )
T h is petition coming on for admission this day, the court passed the
following:
ORDER
This petition has been filed under Article 227 of the Constitution of India challenging the order dated 22.2.2022 (Annexure-P/1) passed by the Collector whereby application for reference made under Section 64 of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013 has been rejected on the ground that the application is barred by time.
Learned Government Advocate appearing for the respondents/State submits Signature Not Verified SAN that there is no error in the order passed by the authority because the application Digitally signed by ASHISH KOSHTA Date: 2022.05.04 17:43:31 IST was made beyond the period of limitation, therefore, it has rightly been rejected.
2However, in view of the law laid down by the Supreme Court and also by this Court holding that the Collector cannot reject the application on the ground of limitation, therefore, without issuing notice, the order dated 22.2.2022 (Annexure- P/1) passed by the Collector is set aside remitting the matter back to the Collector for considering the application made by the petitioner and forwarding the same to the appropriate forum as application cannot be rejected on the ground of limitation.
Accordingly, this petition is disposed of directing the Collector, Panna to pass appropriate order within a period of 30 days from the date of submitting the certified copy/e-copy of this order.
Certified copy as per rules.
(NANDITA DUBEY) JUDGE ak Signature Not Verified SAN Digitally signed by ASHISH KOSHTA Date: 2022.05.04 17:43:31 IST