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Madhya Pradesh High Court · body

1999 DIGILAW 248 (MP)

Ramchandra Thawani v. State of M. P.

1999-03-19

R.S.GARG

body1999
JUDGMENT This order shall also dispose of M.P. No. 2265/93 (Arjunlal & others v. State of M.P. and others) and M.P. No. 2787/93 (Dhruv Kumar Basadia v. State of M.P. & another). Each of the petitioner has submitted before the Court that neither proper opportunity was given to the petitioner nor under the authority of law the State has fixed the premium or has demanded the amount of premium and revenue. According to each of the petitioner they had approached. by way of representations to the Additional Commissioner Bilaspur Division, Bilaspur. The petitioners had submitted before the Commissioner that as they came to know about the order a little late they were entitled to be heard on merits. The Additional Commissioner by the impugned order has refused to condone the delay and has dismissed the representations. Learned counsel appearing for each of the petitioner contends that the petitioner was not given an effective hearing either by the Additional Collector, Korba, who had fixed the premium and rent nor by the Additional Commissioner, who has refused to decide the representations. In last six years despite opportunities, the State has not filed any return to justify the demand of premium and rent and fixation of the same. From the documents, it appears that on basis of some report of the Nazul Officer, the S.D.O. referred the matter to the Additional Collector, who simply agreed with the recommendations and ordered issuing of the fresh demands. It appears that at no stage the authorities applied their mind. Against such an order M.P. No. 4544/92 (Ram Kumar v. State of Madhya Pradesh and others) was also filed which has been allowed by this Court on 18.12.97. Following the spirit of the judgment these petitions are allowed. The notice of demand and the orders passed by the Additional Commissioner Bilaspur, in each of the case are quashed. The matters are remanded to the Additional Commissioner Bilaspur Division, Bilaspur to take a decision on the petitioner's representation against the demand after considering merits of the case after hearing both the parties. Each of the petitioner shal1 appear before the Additional Commissioner, Bilaspur on 3.5.99 for seeking further instructions. The Additional Commissioner shall proceed to decide the matter in accordance with law on the merits of the matter without being influenced by the earlier rejection. The petitions are allowed. No costs. Each of the petitioner shal1 appear before the Additional Commissioner, Bilaspur on 3.5.99 for seeking further instructions. The Additional Commissioner shall proceed to decide the matter in accordance with law on the merits of the matter without being influenced by the earlier rejection. The petitions are allowed. No costs. Security amount, if any, be refunded to the petitioners, after due verification.