Baliram vs The Mining Inspector
2021 Latest Caselaw 2388 MP

                                   1                                WP-9317-2021
        The High Court Of Madhya Pradesh
                   WP-9317-2021
                   (BALIRAM Vs THE MINING INSPECTOR AND OTHERS)


Jabalpur, Dated : 15-06-2021
       Heard through Video Conferencing.

       Shri Sanjeev Kumar Mishra, learned counsel for the petitioner.
       Shri Swapnil Ganguly, learned Dy. Advocate General appearing on
behalf of the State.
       This writ petition is directed against the order dated 17.3.2017 passed

by the Sub Divisional Officer, Tehsil Gunaur, District Panna by which a sum
of Rs.6,51,600/- has been imposed as fine on the petitioner on the allegation
of carrying out illegal mining. It is contended that petitioner's appeal filed
against the aforesaid judgment has been dismissed by the Collector by order
dated 13.2.2018 on the ground of delay, whereas the petitioner had filed a
detailed application under Section 5 of the Limitation Act duly supported by
an affidavit contending that the Sub Divisional Officer had passed the order
on 17.3.2017, the petitioner adduced the evidence before the said authority on
18.4.2016

and thereafter he visited the office of the Sub Divisional Officer on

several occasion to inquire about the status of the matter but the Reader of the S.D.O. did not give the correct information.

Thereafter, the petitioner again visited the office of the Sub Divisional Officer on 1.9.2017 on which date he was informed about the aforesaid order. He immediately applied for certified copy of the order which was provided to him on 12.9.2017 and thereafter on the advice of the counsel he filed the appeal within two days on 14.9.2017. The Additional Commissioner, Sagar has also dismissed the second appeal filed by the petitioner.

Having regard to the submissions made by the learned counsel for the petitioner and taking into consideration the reasons given by the petitioner explaining the delay in filing the appeal before the Collector, we find it appropriate to condone the delay by setting aside the order Annexure P/10, 2 WP-9317-2021 dated 22.2.2018 and the order of Additional Commissioner Annexure P/12, dated 13.1.2021.

We remit the matter to the Collector, Panna for deciding the appeal on merits after affording opportunity of hearing to the petitioner within a period of four months. The recovery from the petitioner shall remain in abeyance till

disposal of the appeal.

With the aforesaid, this petition stands disposed of.

                                             (MOHAMMAD RAFIQ)                             (VIJAY KUMAR SHUKLA)
                                              CHIEF JUSTICE                                          JUDGE


                                       mrs. mishra




Signature Not Verified
  SAN




Digitally signed by MRS DEEPA MISHRA
Date: 2021.06.16 14:25:25 IST