NAWABSINGH THAKUR Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) THE brief facts of the case are that the applicant was found to have encroached upon khasra numbers 538 and 539 of village Raipur. THE Tahsildar recommended to the S.D.O. u/s 248 of the M.P. Land Revenue Code 1959 (hereinafter called the Code) for the ejectment of the applicant from these khasra numbers and recovery of twice the rent (Rs. 432) and imposition of a fine in the same amount. THE S.D.O. accepted the recommendation of the Tahsildar. THE applicant appealed to the Collector who enhanced the fine from Rs 432 to Rs.1,000. On a second appeal before the Additional Commissioner,Gwalior the orders of the Collector were upheld and the appeal was dismissed. This revision has been filed against the orders of the Additional Commissioner,Gwalior dated 9th October 1963 in Appeal No. 414/62-63.

(2.) SHRI S.B. Mishra appeared for the applicant. Representation on behalf of the State was not considered necessary. SHRI Mishra urged the same points before me which he had urged before the learned Additional Commissioner,Gwalior. He has pressed only two points before me which are as follows:- (1) The order of the S. D. 0. imposing a fine of Rs. 432 without giving the applicant a show cause notice was bad in law and was against natural justice. (2) The Collector had no authority to enhance the fine u/s 248 as the authority to impose the fine under that section was limited to the Tahsildar and the S. D. 0.