Madhya Pradesh High Court
Nishank Kumar Jain vs The State Of Madhya Pradesh on 15 March, 2022
Author: Sujoy Paul
Bench: Sujoy Paul, Dwarka Dhish Bansal
1
IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR
BEFORE
SHRI JUSTICE SUJOY PAUL
&
SHRI JUSTICE DWARKA DHISH BANSAL
ON THE 15th OF MARCH, 2022
WRIT PETITION No. 28943 of 2021
Between:-
NISHANK KUMAR JAIN S/O LATE SHRI K. JAIN,
AGED ABOUT 38 YEARS, OCCUPATION:
BUSINESSMAN B 76 VIJAY NAGAR BALAKOT
ROAD DAMOH DISTT. DAMOH C/O SHRI N.K.
JAINJ (EXPIRED ON 10/07/2021 S/O LATE SHRI
TRILOK CHAND JAIN R/O PURANA BAZAR NO.1
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DAMOH (MADHYA PRADESH)
2. THE SUB DIVISONAL OFFICER AND COMPETENT
AUTHOR I TY REVENUE DEPARTMENT DISTT.
DAMOH (MADHYA PRADESH)
3. THE CHIEF EXECUTIVE OFFICER JILA
PANCHAYAT DAMOH DISTT. DAMOH (MADHYA
PRADESH)
4. THE TEHSILDAR DISTT. DAMOH DISTT. DAMOH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 8328 of 2019
Between:-
PRAMOD NAYAK S/O SHRI PREM SHANKAR,
AGED ABOUT 57 YEARS, OCCUPATION:
SHOPKEEPER CIVIL WARD NO. 2 DAMOH R/O
DIET COLONY HATA DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
Signature Not Verified
SAN
1. THE STATE OF MADHYA PRADESH THROUGH THE
Digitally signed by RASHMI RONALD
VICTOR
COLLECTOR DAMOH (MADHYA PRADESH)
Date: 2022.03.16 13:47:31 IST
2
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DAMOH DAMOH (MADHYA
PRADESH)
3. JILA PANCHAYAT DAMOH THR CHIEF EXECUTIVE
OFFICER DAMOH DISTT. DAMOH (MADHYA
PRADESH)
4. TEHSILDAR DAMOH DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9332 of 2019
Between:-
PRAMOD KUMAR TIWARI S/O SHRI BALA PRASAD
TIWARI , AGED ABOUT 42 YEARS, OCCUPATION:
SHOPKEEPER SHOP NO. 23, FIRST FLOOR, BUS
STAND CHOURAHA, JILA PANCHAYAT, DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI SHASHANK UPADHYAY, ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH
THR.COLLECTOR DISTT. DAMOH (MADHYA
PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY D AM OH DISTT. DAMOH (MADHYA
PRADESH)
3. JILA PANCHAYAT THROUGH CHIEF EXECUTIVE
OFFICER DISTT. DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9459 of 2019
Between:-
KAILASH KUMAR S/O SHRI VARADMAL SINDHI,
AGED ABOUT 55 YEARS, OCCUPATION:
BUSINESSMAN R/O CIVIL WARD NO. 9, PAKKA
CAMP, DAMOH (MADHYA PRADESH)
Signature Not Verified
SAN
.....PETITIONER
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST (BY SHRI H.S. RAJPUT, ADVOCATE)
3
AND
1. THE STATE OF MADHYA PRADESH
THR.COLLECTOR DISTT. DAMOH (MADHYA
PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DISTT-DAMOH (MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT-DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT-DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9461 of 2019
Between:-
HARBHAJANLAL S/O SHRI GOPALDAS ARORA,
AGED ABOUT 72 YEARS, OCCUPATION:
BUSINESSMAN R/O 41, HOUSING BOARD COLONY,
DAMOH, DISTT. DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH
THR.COLLECTOR DISTT. DAMOH (MADHYA
PRADESH)
2. THE SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DAMOH DISTT DAMOH MP (MADHYA
PRADESH)
3. THE CHIEF EXECUTIVE OFFICER JILA
PANCHAYAT DAMOH DISTT DAMOH MP
(MADHYA PRADESH)
4. THE TEHSILDAR TEHSIL DAM OH DISTT DAMOH
MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9468 of 2019
Signature Not Verified
SAN
Between:-
RAJENDRA CHOURSIA S/O SHRI KHEMCHAND
Digitally signed by RASHMI RONALD
VICTOR
CHOURASIA, AGED ABOUT 58 YEARS,
Date: 2022.03.16 13:47:31 IST
OCCUPATION: BUSINESSMAN R/O PURANA BAZAR
4
NO 1 DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY D AM OH DISTT. DAMOH (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9471 of 2019
Between:-
KAMTA SEN S/O SHRI KUNKJILAL SEN, AGED
ABOUT 62 YEARS, OCCUPATION: BUS IPERATOR
MANAGING PARTTNER SATGURRU TRANSPORT
SERVICE R/O VILLAGE PATERA DAMOH (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DAMOH (MADHYA PRADESH)
2. THE SUB DIVIISIONAL OFFICER DISTT DAMOH
MP DISTT DAMOH MP (MADHYA PRADESH)
3. THE CHIEF EXECUTIVE OFFICER JILA
PANCHAYAT DAMOH DISTT DAMOH MP
(MADHYA PRADESH)
4. THE TEHSILDAR TEHSIL DAMOH DISTT DAMOH
MP (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
Signature Not Verified
SAN (NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
Digitally signed by RASHMI RONALD
VICTOR
WRIT PETITION No. 9472 of 2019
Date: 2022.03.16 13:47:31 IST
5
Between:-
MURARILAL ASATI S/O SHRI KASHIRAM ASATI,
AGED ABOUT 55 YEARS, OCCUPATION:
BUSINESSMAN R/O. JABALPUR NAKA DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR THE
COLLECTOR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY D AM OH DISTT. DAMOH (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9571 of 2019
Between:-
JAI KUMAR JAIN S/O SHRI NANDLAL JAIN, AGED
ABOUT 54 YEARS, OCCUPATION: BUSINESSMAN
R/O NAYA BAZAR NO. 2 DAMOH DISTT. DAMOH
M.P. (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. THE
COLLECTOR DISTT. DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DISTT-DAMOH (MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DAMOH DISTT-DAMOH (MADHYA PRADESH)
4. THE TEHSILDAR DAMOH DISTT-DAMOH
(MADHYA PRADESH)
Signature Not Verified
SAN
.....RESPONDENTS
Digitally signed by RASHMI RONALD
VICTOR
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
Date: 2022.03.16 13:47:31 IST
FOR RESPONDENTS NO.1, 2 & 4)
6
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9727 of 2019
Between:-
DINESH AGRAWAL S/O JAMANA PRASAD
AGRAWAL , AGED ABOUT 65 YEARS,
OCCUPATION: BUSINESSMAN 31 PROFESSOR
COLONY (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY D AM OH DISTT. DAMOH (MADHYA
PRADESH)
3. JILA PANCHAYAT THROUGH CHIEF EXECUTIVE
OFFICER DISTT. DAMOH (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9728 of 2019
Between:-
SMT NILU AGRAWAL W/O RAJENDRA AGRAWAL,
AGED ABOUT 54 YEARS, OCCUPATION: HOUSE
WIFE R/O VILAGEL WAD NO 7 NEAR SALMAN
BANGALA (MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DMAOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DISTT-DAMOH (MADHYA PRADESH)
3. JILA PANCHAYAT DAMOH THR. THE CHIEF
EXECUTIVE OFFICER DISTT-DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
Signature Not Verified
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
SAN
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST
WRIT PETITION No. 9738 of 2019
7
Between:-
HARI PALIWAL S/O BHUWAN BHUSAN PALIWAL,
AGED ABOUT 59 YEARS, OCCUPATION:
BUSINESSMAN VILL. CIVIL WARD NO. 8,
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
1. THE STATE OF M.P. THR THE COLLECTOR
DAMOH DISTT. DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER COMPETENT
AUTHORITY DAMOH DAMOH DISTRICT DAMOH
(M.P.) (MADHYA PRADESH)
3. JILA PANCHAYAT DAMOH THROUGH THE CHIEF
EXECUTIVE OFFICER DAMOH DAMOH DISTRICT
DAMOH (M.P) (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 9743 of 2019
Between:-
SMT ALKA PALIWAL W/O HARI PALIWAL, AGED
ABOUT 51 YEARS, OCCUPATION: HOUSE WIFE R/O
VILLAGE CIVIL WARD NO.8 DAMOH (MADHYA
PRADESH)
.....PETITIONER
(BY SHRI MAHENDRA PATERIYA, ADVOCATE)
AND
1. STATE OF MADHYA PRADESH THR.COLLECTOR
COLLECTOR DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY THR. DISTT. DAMOH (MADHYA
PRADESH)
3. JILA PANCHYAT DAMOH THROUGH THE CHIEF
EXECUTIVE OFFICER DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
Signature Not Verified
SAN
WRIT PETITION No. 10653 of 2019
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST
8
Between:-
SHASHIKANT ASATI S/O SHRI BIHARILAL ASATI ,
AGED ABOUT 50 YEARS, OCCUPATION:
BUSINESSMAN JABALPUR NAKA DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF M.P. THR. THE COLLECTOR
DAMOH (MADHYA PRADESH)
2. THE SUB DIVISIONAL OFFICER AND COMPETENT
A U T H O R I T Y D A M O H DAMOH (MADHYA
PRADESH)
3. THE CHIEF EXECUTIVE OFFICER JILA
PANCHAYAT DAMOH DISTT DAMOH MP
(MADHYA PRADESH)
4. THE TEHSILDAR D A M O H DISTT DAMOH MP
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 28598 of 2021
Between:-
RAKESH KUMAR AGRAWAL S/O LATE SHRI
GOVIND PRASAD AGRAWAL, AGED ABOUT 61
Y E A R S , OCCUPATION: BUSINESSMAN CIVIL
WARD NO 8 TANDON BAGEECHA DAMOH C/O
SHRI BHISM KUMAR S/O LATE CHAMAN LAL
KHATRI R/O GUARD LINE MAGANJ WARD NO 1
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR.
COLLECTOR DAMOH DISTT. (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHOR ITY D A M O H DISTT.DAMOH (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
Signature Not Verified
SAN
DISTT.DAMOH (MADHYA PRADESH)
Digitally signed by RASHMI RONALD
VICTOR
4. THE TEHSILDAR DAMOH DISTT.DAMOH
Date: 2022.03.16 13:47:31 IST
(MADHYA PRADESH)
9
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 28752 of 2021
Between:-
SURAJ PRASAD GUPTA S/O SHRI LAXMAN
PRASAD GUPTA , AGED ABOUT 85 YEARS,
OCCUPATION: BUSINESSMAN MAGANJ WARD
NO.3 SAGAR ROAD DAMOH DISTT. DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THR. THE
COLLECTOR DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHOR ITY D A M O H DISTT.DAMOH (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DAMOH DISTT.DAMOH (MADHYA PRADESH)
4. THE TEHSILDAR D A M O H DISTT.DAMOH
(MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 28764 of 2021
Between:-
DEVENDRA KUMAR AGRAWAL S/O LATE SHRI
K.L. AGRAWAL , AGED ABOUT 52 YEARS,
OCCUPATION: BUSINESSMAN R/O BALAKOT
ROAD KILLAI NAKA DAMOH DISTT. DAMOH
(M.P.) C/O SHEELA AGRAWAL (EXPIRRED ON
25.04.2005) W/O LATE SHRI K.L. AGRAWAL R/O
KILLAI NAKA, DAMOH(M.P) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE. THE
Signature Not Verified
COLLECTOR DAMOH, DISTT. DAMOH (M.P.)
SAN
(MADHYA PRADESH)
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST 2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DISTT-DAMOH (MADHYA PRADESH)
10
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT-DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT-DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 28773 of 2021
Between:-
SUNIL KUMAR DUA S/O OM PRAKASH DUA, AGED
ABOUT 51 YEARS, OCCUPATION: BUSINESSMAN
R/O MADHUVAN HOMES, DAMOH, DISTT. DAMOH
(M.P.) (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THE. THE
COLLECTOR DISTT. DAMOH (M.P.) (MADHYA
PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY DISTT-DAMOH (MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT-DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT-DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 29123 of 2021
Between:-
SMT.SAPNA AGRAWAL W/O DHARMENDRA
AGRAWAL, AGED ABOUT 49 YEARS, OCCUPATION:
BUSINESS BALAKOT ROAD, KILLAI NAKA,
DAMOH (MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
Signature Not Verified
SAN
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR DAMOH (MADHYA PRADESH)
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST
11
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHORITY D AM OH DISTT. DAMOH (MADHYA
PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
WRIT PETITION No. 29124 of 2021
Between:-
RAHUL RAI S/O LATE TIKARAM RAI , AGED
ABOUT 37 YEARS, BESIDE FATIMA NURSING
HOME, KILLAI NAKA, BALAKOT ROAD, DAMOH
(MADHYA PRADESH)
.....PETITIONER
(BY SHRI H.S. RAJPUT, ADVOCATE)
AND
1. THE STATE OF MADHYA PRADESH THROUGH
COLLECTOR DAMOH (MADHYA PRADESH)
2. SUB DIVISIONAL OFFICER AND COMPETENT
AUTHOR I TY REVENUE DEPARTMENT DISTT.
DAMOH (MADHYA PRADESH)
3. CHIEF EXECUTIVE OFFICER JILA PANCHAYAT
DISTT. DAMOH (MADHYA PRADESH)
4. TEHSILDAR DAMOH DISTT. DAMOH (MADHYA
PRADESH)
.....RESPONDENTS
(BY SHRI PIYUSH DHARMADHIKARI, GOVERNMENT ADVOCATE
FOR RESPONDENTS NO.1, 2 & 4)
(NONE FOR RESPONDENT NO.3 DESPITE SERVICE)
This petition coming on for hearing this day, JUSTICE SUJOY PAUL
passed the following:
ORDER
Regard being had to the smilitude of the questions involved, on the joint request of the parties, matters are analogously heard and decided by this common order.
Signature Not Verified SANFacts are taken from W.P. No.23943/2021. The Sub Dvisional Digitally signed by RASHMI RONALD VICTOR Date: 2022.03.16 13:47:31 IST Officer/Competent Authority under M.P. Lok Parisar (Bedakhli) Adhiniyam, 12 passed an order dated 29/09/2017 against which respondent No.3 preferred an appeal before Collector, Damoh. The said appeal was dismissed because it was belatedely filed. Aggreived, respondent No.3 filed W.P. No.16164/2018 before this Court which was decided on 23/07/2018 (Annexure P/3). The impugned order therein dated 31/03/2018 was set aside and matter was remitted back to the Appellate Authority with the direction to take up the appeal and decide it on merits.
Learned counsel for the petitioners contended that so far present petitions are concerned, the appeal filed by respondent No.3 before the Collector was against the order dated 29/09/2017 passed by the Competent Authority aforesaid. Similar orders in other cases were subject matter of challenge before learned Collector but in those cases, learned Collector considered a notification of Government dated 12/06/1981 and opined that the Commissioner, Revenue Division is the Appellate Authority. He did not entertain many such similar appeals, one such order dated 17/08/2021 (annexure P/5) is placed on record. Thus, learned Collecor in similar appeals took diametrically opposite view on the question of competency of the Appellate Authority.
Respondent No.3 entered appearance through his Advocate initially but thereafter did not appear today even in the pass over round.
Shri Piyush Dharmadhikari, learned Government Advocate supported the impugned order.
If the order impugned dated 09/04/2019 (Annexure P/4) is examined in juxtaposition to another order dated 17/08/2021 (Annexure P/5), it will be clear like noon day that learned Collector has taken diametrically opposite stand in both the orders. In impugned order, he decided the matter on merits treating himself to be the Competent Appellate Authority whereas in order dated 17/08/2021 (Annexure P/5), he opined that Collector is not the Competent Authority. This matter needs to be looked into by the Collector afresh and by taking into account his order dated 17/08/2021 (Annexure P/5).
In view of forgoing analysis, impugned orders dated 09/04/2019 in all the Signature Not Verified SAN cases are set aside. The matters are remitted back before the Collector to decide Digitally signed by RASHMI RONALD VICTOR the appeal in accordance with law by examining the question of competency and Date: 2022.03.16 13:47:31 IST 13 his own order dated 17/08/2021 (Annexure P/5). The parties shall appear before the Collector, Damoh on 07/04/2022 at 11:00 am. For this purpose, no fresh notices will be required to be issued to the parties. Learned Collector shall hear the parties and decide the matter in accordance with law. The petitions are disposed of without expressing any opinion on the merits and competency of the authority.
The learned Collector/Competent Authority shall make endevour to decide the appeals expediously preferably within 45 days from the date of first hearing.
(SUJOY PAUL) (DWARKA DHISH BANSAL)
JUDGE JUDGE
RS
Signature Not Verified
SAN
Digitally signed by RASHMI RONALD
VICTOR
Date: 2022.03.16 13:47:31 IST