Document Fragment View
Fragment Information
Showing contexts for: DAMOH in Rahul Rai vs The State Of Madhya Pradesh on 15 March, 2022Matching Fragments
SAN 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.
Facts are taken from W.P. No.23943/2021. The Sub Dvisional Officer/Competent Authority under M.P. Lok Parisar (Bedakhli) Adhiniyam, 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.
In view of forgoing analysis, impugned orders dated 09/04/2019 in all the cases are set aside. The matters are remitted back before the Collector to decide the appeal in accordance with law by examining the question of competency and 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.