Bala Prasad Vs. the State of Madhya Pradesh - Court Judgment

SooperKanoon Citationsooperkanoon.com/1051090
CourtMadhya Pradesh High Court
Decided OnDec-03-2012
AppellantBala Prasad
RespondentThe State of Madhya Pradesh
Excerpt:
w.p.no.20097 / 2012 (bala prasad ..vs.state of mp & another) 03-12-2012 shri raman patel, learned counsel for the petitioner. shri s.m.lal, learned g.a.for the state/respondents. the petitioner has filed this petition praying for a direction to the respondent/collector, jabalpur to consider and decide the petitioner's representations dated 19-11-2012 and 23-11-2012 against the act of the respondent no.2 in shifting the purchase centre of wheat and paddy crops from village nuniyakala to village kohana which is 10 k.ms.away. it is submitted by the learned counsel for the petitioner that the last minute change in the place of purchase by the respondent no.2 is resulting in tremendous loss to the farmers and several hundred bags of paddy are lying on the spot. in the circumstances, looking to the limited prayer made by the petitioner, the petition filed by the petitioner is disposed of with a direction that in case the petitioner files a fresh representation before the collector, jabalpur, along with a copy of the order passed today and a copy of the petition within 15 days of obtaining the same, the concerned authority shall consider and decide the same expeditiously, preferably within a period of two weeks thereafter, after giving opportunity of hearing to all concerned and by passing a reasoned order thereon in accordance with law . it is made clear that this court has not expressed any opinion on the entitlement of the petitioner and, therefore, the concerned authority, while deciding the representation of the petitioner, would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by either accepting or rejecting the same recording reasons therefor. with the aforesaid directions the petition filed by the petitioner stands disposed of. c.c.as per rules. (r.s.jha) judge mct
Judgment:

W.P.No.20097 / 2012 (Bala Prasad ..Vs.State of MP & another) 03-12-2012 Shri Raman Patel, learned counsel for the petitioner.

Shri S.M.Lal, learned G.A.for the State/respondents.

The petitioner has filed this petition praying for a direction to the respondent/Collector, Jabalpur to consider and decide the petitioner's representations dated 19-11-2012 and 23-11-2012 against the act of the respondent No.2 in shifting the purchase centre of wheat and paddy crops from village Nuniyakala to village Kohana which is 10 K.Ms.away.

It is submitted by the learned counsel for the petitioner that the last minute change in the place of purchase by the respondent No.2 is resulting in tremendous loss to the farmers and several hundred bags of paddy are lying on the spot.

In the circumstances, looking to the limited prayer made by the petitioner, the petition filed by the petitioner is disposed of with a direction that in case the petitioner files a fresh representation before the Collector, Jabalpur, along with a copy of the order passed today and a copy of the petition within 15 days of obtaining the same, the concerned authority shall consider and decide the same expeditiously, preferably within a period of two weeks thereafter, after giving opportunity of hearing to all concerned and by passing a reasoned order thereon in accordance with law .

It is made clear that this Court has not expressed any opinion on the entitlement of the petitioner and, therefore, the concerned authority, while deciding the representation of the petitioner, would be at liberty to take into consideration all facts and facets of the case and thereafter take a decision thereon by either accepting or rejecting the same recording reasons therefor.

With the aforesaid directions the petition filed by the petitioner stands disposed of.

C.C.as per rules.

(R.S.Jha) Judge mct