SURAJ PRASAD SAHU Vs. ARJUN PRASAD

JUDGEMENT

(1.) PETITIONER has filed this petition challenging order dated 11-11-2005additional Collector, Jabalpur in Case No. 19-B/121/2005, by which the petitioner's appeal under Section 8 of the M. P. Samaj Ke Kamjor Vargon Ke Krishi Bhumi Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976 (hereinafter referred as 'adhiniyam' for short) was dismissed in default.

(2.) IT is submitted by the petitioner that in the aforesaid Adhiniyam there is no provision for restoration of appeal, dismissed in default so the petitioner has approached to this Court by filing this petition. It is prayed that the impugned order passed by the Appellate Authority be quashed and the petitioner's appeal be directed to be heard on merits.

(3.) THE facts of the case are that petitioner claiming himself to be the holder of an agricultural land in weaker section, filed an application under Section 4 of the Adhiniyam for seeking relief under the Adhiniyam before the Sub Divisional Officer, Jabalpur, The petitioner's application was dismissed by the Sub Divisional Officer by order dated 14-7-2005. Against the aforesaid order the petitioner preferred an appeal under Section 8 of the Act, before the Collector, Jabalpur. The aforesaid appeal was transferred for adjudication to the Additional Collector, Jabalpur where the appeal was pending and was dismissed in default. It is stated that the petitioner was sitting outside the Court and the case was dismissed in default without any call. The Counsel also could not appear as the case was not called by the concerned authority. This order has been assailed by the petitioner on following grounds:-