Madhya Pradesh High Court
M/S Suom Irrigation Pvt. Ltd. Through ... vs Horticulture And Food Processing ... on 11 October, 2018
HIGH COURT OF MADHYA PRADESH
1 WA No.1321/18 & Connected matters
WA No.1321/18, 1323/18, 1327/18, 1334/18, 1335/18,
1339/18, 1340/18, 1346/18, 1347/18, 1348/18, 1349/18,
1350/18 & 1360/18
Indore, Dated : 11.10.2018
Shri Surendra Singh, learned senior counsel with Shri
Saransh Jain, learned counsel for the appellants in WA
Nos.1327/18, 1334/18, 1335/18, 1339/18, 1340/18, 1346/18,
1347/18, 1348/18, 1349/18, 1350/18 & 1360/18.
Shri Ajay Bagadia, learned counsel for the appellants in
WA Nos.1321/18 & 1323/18.
Shri Mukesh Parwal, learned counsel for the State.
Learned counsel appearing for the appellants submit
that as per the scheme of the State Government 30% of the
amount was payable by the concerned farmer and 70% was
to be paid by the State to the company supplying the drip
irrigation equipment. He submits that the supply was made
to the different farmers in the month of May 2015, whereas
the complaint was filed in September 2017 in respect of non
supply of the equipment by the farmers, whereas six months
after making the supply, on verification the remaining 10%
amount was paid to the appellants by the State Government.
He further submits that neither at the stage of enquiry nor
prior to passing of the order impugned in the writ petition, any
opportunity was given to the appellant and that some of the
suppliers against whom similar allegations were made and
similar findings were recorded, had approached the Collector,
who on verification had found that the equipments were duly
supplied, therefore, if an opportunity would have been given
to the appellant at any of the stage, they would have
demonstrated the correct fact.
Digitally signed by Trilok Singh Savner
Date: 11/10/2018 18:01:47
HIGH COURT OF MADHYA PRADESH
2 WA No.1321/18 & Connected matters
Learned counsel for the State prays for two weeks' time
to obtain instructions in the matter.
Till the next date of hearing the respondents are
restrained from taking action for registering the FIR on the basis of the order impugned in the writ petition, if the same has not been registered till now.
List on 1.11.2018.
C.C. as per rules.
(Prakash Shrivastava) (Vivek Rusia)
Judge Judge
trilok/-
Digitally signed by Trilok Singh Savner
Date: 11/10/2018 18:01:47