HARNARAYAN Vs. STATE OF M P

JUDGEMENT

(1.) THE petitioner in the instant petition, is the owner in possession of Khasra No. 913, has been found guilty by cutting a branch of Mahua tree and the SDO imposed a fine of Rs. 100/- for the said Act of cutting a branch of mahua tree. The petitioner preferred an appeal against the order of imposing fine of Rs. 100/- before the Collector, Tikamgarh. The Collector rejected the appeal and on the contrary enhanced the fine amount from Rs. 100/- to Rs. 350/- without issuing any notice for enhancement of fine and without any valid reason vide order dated 10.9.1985. The counsel for the petitioner did not inform about the progress and the decision of the appeal before the Collector, Tikamgarh. After some difficulty and through another counsel he could trace-out the decision of appeal No. 39/appeal/84-85 which was already decided on 10.9.1985 by the Collector, Tikamgarh. The petitioner engaged another counsel and entrusted the work of filing of appeal before the Additional Commissioner, Sagar, alongwith an application for condonation of delay accompanied with an affidavit. The learned Additional Commissioner rejected the appeal as time-barred. Then the petitioner preferred a revision petition before the Board of Revenue. The Board of Revenue also rejected the revision petition on the point of limitation only without looking into the merits of the case. The petitioner submits that the learned Additional Commissioner as well as the Board of Revenue have totally ignored that the Collector has enhanced the fine without affording any opportunity to the petitioner and without any reason.

(2.) IT is clear that though the appeal preferred by the petitioner was against the order of imposing fine of Rs. 100/- before the Collector, Tikamgarh. Collector has enhanced the fine to Rs. 350/- without putting the petitioner to notice of it and in the absence of appeal by opposite party, fine could not be enhanced. The order of Collector to the extent of enhancement of fine is set aside. The order of SDO is restored. Costs on parties.