Munshi vs Jila Vyapar Avm Udyog Kendra
2022 Latest Caselaw 1492 MP

IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
                                BEFORE
                 HON'BLE SHRI JUSTICE ANIL VERMA

                    ON THE 2nd OF FEBRUARY, 2022

                  MISC. PETITION No. 190 of 2021

     Between:-

     MUNSHI S/O GANI , AGED ABOUT 55 YEARS, VILLAGE KADCHA
     KRISHAK, VILLAGE NARWAR , TEHSIL AND DISTRICT UJJAIN
     (MADHYA PRADESH)
                                                       .....PETITIONER
     (BY SHRI A.K. MOMROD, ADVOCATE )

     AND

   JILA VYAPAR AVM UDYOG KENDRA GENERAL MANAGER
1.
   UJJAIN (MADHYA PRADESH)
2. STATE OF MP THR COLLECTOR UJJAIN (MADHYA PRADESH)
                                                     .....RESPONDENTS
     (BY MS. HARSHLATA SONI, PL )
                  (Heard through Video Conferencing)
       This petition coming on for admission this day, the court passed

the following:

                                ORDER

With consent of both the parties, the matter is heard finally.

This petition under Article 227 of the Constitution of India is preferred by the petitioner against the impugned order dated 17/12/2019 (Annexure-P/1) passed by the Land Acquisition Officer, Division Ujjain ( rural), whereby the application filed by the petitioner under section 28(1) of the Land Acquisition Act,

2. Learned counsel for the petitioner by placing reliance upon para 3 of the impugned judgment, submits that the application of the petitioner filed under section 28(a) of the Land Acquisition Act was rejected solely on the ground that whether the petitioner has preferred reference application under section 18 of the said Act alongwith an affidavit, and the petitioner has not filed any affidavit in support of his contention in the matter.. It is hyper technical view taken by the said Authority. The petitioner is willing to file an application in support of para 3 of his application filed under section 28(a) of the said Act. It is prayed that the impugned order dated 17/12/2019 may be set aside and liberty may be reserved to the petitioner to submit an application with an affidavit and in turn, the said Authority be directed to decide it afresh.

3. Learned PL has no serious objection.

4. Both the parties have been heard.

6. Learned counsel for the petitioner has placed reliance upon the judgment passed by this Co-ordinate Bench of this Court in the case of Ramesh Vs. Jila Vyapar Avm Udyog Kendra and other ( M.P. No. 189/2021 decided on 27/02/2021.

7. In view of the order passed by the co-ordinate Bench of this Court, the prayer made by the petitioner appears to be just and proper.

8. Accordingly, the impugned order dated 17/12/2019 is hereby set aside. Now, the petitioner shall file an affidavit as aforesaid within a period of two weeks and he shall appear before the Land Acquisition Officer, Ujjain (rural) on 04/03/2022. The said Authority shall consider the matter afresh in accordance with law.

CC as per rules.

(ANIL VERMA) JUDGE amol

Digitally signed by AMOL N MAHANAG Date: 2022.02.03 18:11:15 +05'30'