Sajanbaiw/O Jagdish Deceased ... vs Jila Vyapar Avm Udyog Kendra
2022 Latest Caselaw 4414 MP

                              -1-
                                             Misc. Petition No.188/2021


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

                ON THE 29th OF MARCH, 2022

                MISC. PETITION No. 188 of 2021

  Between:-
  SAJANBAIW/O JAGDISH DECEASED
  THROUGH LRS RAMESH S/O JAGDISH,
  OCCUPATION: KRISHI,
  R/O VILLAGE KADCHA KRISHAK,
  VILLAGE NARWAR,
  TEHSIL AND DISTRICT UJJAIN (MADHYA PRADESH)
                                           .....PETITIONER
  (BY SHRI AJAY KUMAR MIMROT, ADVOCATE)

  AND

1. JILA VYAPAR AVM UDYOG KENDRA,
  GENERAL MANAGER, UJJAIN (MADHYA PRADESH)

2. STATE OF M.P.
  THROUGH COLLECTOR,
  UJJAIN (MADHYA PRADESH)
                                               .....RESPONDENTS
  (BY SHRI SANJAY KARANJAWALA, GA)

     This Misc. Petition coming on this day, the court passed the
following:
                        O R D E R

Misc. Petition No.188/2021

With the consent of the parties, matter is heard finally at motion hearing stage.

This petition under Article 227 of the Constitution of India is preferred by the petitioner against the impugned order dated 17/12/2019 (Annex.-P/1) passed by the Land Acquisition Officer, Division Ujjain (Rural), whereby the application preferred by the petitioner under Section 28(A) of the Land Acquisition Act, 1894 has been dismissed for want of the affidavit.

Learned counsel for the petitioner by placing reliance upon paragraph No.03 of the impugned judgment, submitted that the application of the petitioner filed under Section 28(A) of the Land Acquisition Act was rejected solely on the ground that the petitioner has preferred a reference application under Section 18 of the said Act without any affidavit in support of his contention in this matter. It appears that the said authority has taken a very hyper technical view. The petitioner is now willing to file an affidavit in support of his application filed under Section 28(A) of the said Act. It is also 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 along with an affidavit and in turn, the said authority be directed to decide it afresh.

Learned counsel for the respondent / State has no serious objection.

Misc. Petition No.188/2021

Heard counsel for both the parties at length and perused the record.

Learned counsel for the petitioner has placed reliance upon the judgment passed by the co-ordinate Bench of this Court in the case of Ramesh Vs. Jila Vyapar Avam Udyog Kendra and Others (Misc. Petition No.189/2021, decided on 27/02/2021).

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.

Accordingly, the impugned order dated 17/12/2019 is hereby set aside. Now it is directed that the petitioner shall file an affidavit as aforesaid within a period of 02 weeks and he shall appear before the Land Acquisition Officer, Division Ujjain (Rural) on 28/04/2022. The said authority shall consider the matter afresh in accordance with law.

Certified copy as per rules.

(ANIL VERMA) J U D G E Tej Digitally signed by TEJPRAKASH VYAS Date: 2022.03.29 19:15:34 +05'30'