MAHESH & ANOTHER Vs. STATE OF MP

JUDGEMENT

(1.) By this appeal under Section 17 of Madhya Pradesh Vishesh Nyayalaya Adhiniyam, 2011 (for short the Act), appellants have challenged the order dated 14/9/2018 passed by Authorised officer allowing the application under Rule 10 of Madhya Pradesh Vishesh Nyayalaya Niyam, 2012 (for short the Rules) filed by respondent and refusing to take statement of defence of appellants on record.

(2.) The brief facts are that the proceedings under Section 13 of the Act have been initiated for confiscation of properties of appellants on the basis of application dated 21/4/2016 filed by respondent under section 13(1) of the Act. The notice of the application was served upon the appellants on 9/6/2016 and they had appeared before the Authorised officer on 11/7/2016 but they did not file their reply for a period of two years and filed the same on 17/7/2018. Hence an application was filed by respondent for rejecting the reply on the ground that it was not filed within the prescribed period and therefore, right to file reply was closed.

(3.) The Authorised officer while passing the impugned order referring to Rule 10 has noted that he had the power to permit 30 day's time to file statement of defence which can be extended for further period of 15 days, thereafter he had no jurisdiction to extend the time.