MADANLAL Vs. STATE OF M.P.

JUDGEMENT

(1.) This petition under Article 227 of the Constitution of India has been filed against the order dated 16.07.2019 passed by Additional Commissioner, Chambal Division, Morena in Case No.299/2015- 16/Appeal by which the appeal filed by the petitioner against the order dated 03.07.1995 passed by Additional Collector, District Sheopurkalan in Case No.02/94-95/Appeal has been rejected as barred by time.

(2.) It is submitted by the counsel for the petitioners that petitioner no.1 had purchased the agricultural land bearing Survey No.24/10 Min by a registered sale deed dated 20.07.1988 from Smt. Kaushalya Bai, whereas petitioner no.2 had purchased Survey No.24/10 Min by registered sale deed dated 8/7/94 from Govind Prasad. Thereafter, the name of the petitioners were recorded in the revenue record. It appears that an inquiry report was submitted by Naib-Tehsildar on 01.07.1995 to the effect that the land in question was earlier recorded as Government land but without any order by the competent authority it was recorded in the names of private persons. Thereafter, the Additional Collector, Sheopur by order dated 03.07.1995 declared the land in question as a Government land. It is submitted that neither the Naib-Tehsildar, Sheopurkalan nor the Additional Collector, Sheopurkalan gave any notice to the petitioner nor any opportunity of hearing was given to the petitioner. Since the petitioners were not aware of the order dated 03.07.1995 passed by the Additional Collector in Case No.02/94-95/C-129, therefore, they could not file the appeal within the stipulated period. However, on 26.06.2016 the petitioner was informed by the concerning Patwari that the land has already been declared as Government land, therefore, the petitioner filed an appeal before the Additional Commissioner, Chambal Division, Morena alongwith an application under Section 5 of the Limitation Act and in the application, it was specifically mentioned that the petitioners were not aware of the order dated 03.07.1995 passed by the Additional Collector, Sheopur and they came to know about the said order only on 26.06.2016 when they were informed by concerning Patwari. In the memo of appeal, it was specifically mentioned that the order dated 03.07.1995 was passed by the Additional Collector, Sheopurkalan without issuing any notice to the petitioner. It is submitted that the Additional Commissioner, Chambal Division, Morena by order dated 16.07.2019 passed in Case No.299/2015-16/Appeal has rejected the application filed under Section 5 of the Limitation Act on the ground that the appeal has been filed after a period of 21 long years and no sufficient cause has been shown by the petitioners for not filing the appeal within the period of limitation.

(3.) Challenging the order passed by the Additional Commissioner, Chambal Division, Morena, it is submitted by the counsel for the petitioners that as the order dated 03.07.1995 was passed by the Additional Collector, Sheopurkalan without issuing any notice to the petitioner, therefore the said order was not in the knowledge of the petitioners and the appeal was filed as soon as the information was given by the concerning Patwari.