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2021 DIGILAW 484 (MP)

BHERUSINGH v. STATE OF M. P.

2021-06-07

MOHAMMAD RAFIQ, SUJOY PAUL

body2021
ORDER/JUDGMENT (Heard through video conferencing) : – Shri Sunil Kumar Yadav, learned counsel for the petitioner. Shri Pushyamitra Bhargava, learned Additional Advocate General for the respondent. 2. This Miscellaneous petition has been directed against the order dated 17-3-2020 passed by the Additional Collector, Ujjain and the order dated 17-11-2020 passed by the Commissioner Ujjain Division, Ujjain dismissing the appeal. By the first order, the Additional Collector, district Ujjain recorded a finding that the petitioner was found guilty of illegally extracting sand and thereby committing breach of Rule 20(3) of M. P. Reth (Khanan, Parivahan, Bhandaran evam Vyapar) Rules 2019. 3. Learned counsel for the petitioner submitted that the petitioner was served with two penalties. The petitioner filed two appeals before the Commissioner, Ujjain Division Ujjain which were dismissed on the ground of delay of 171 days. 4. The Commissioner, Ujjain Division, Ujjain in his order has stated that though the petitioner filed an application seeking condonation of delay under section 5 of the Limitation Act along with the appeal, but he has not given any explanation for delay on day today basis and therefore the delay in the aforesaid matter cannot be condoned. 5. In a writ petition filed against another order of similar nature Hakam Singh vs. State of M. P., W. P. No. 1419/2021 vide order dated 9-4-2021 this Court was persuaded to set aside the order of the Commissioner and remanded the matter to him to decide the appeal afresh on merits. 6. The learned Additional Advocate General however opposed the prayer. 7. Having regard to the submissions made by the learned counsel for the parties and taking into consideration the fact that in identical writ petition the matter was remanded to the appellate authority for deciding the appeal on merits, we are persuaded to set aside the order passed by the Commissioner, Ujjain Division, Ujjain dated 17-11-2020 and remand the matter to the appellate authority for deciding the appeal afresh on merits.