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1987 Supreme(MP) 370

T.N.SINGH, R.M.RASTOGI
SHANTILAL JAIN – Appellant
Versus
M L PATIL ADDI COMMISSIONER GWALIOR – Respondent


Advocates Appeared:
M.C.JAIN, P.N.GUPTA,

JUDGMENT :

( 1. ) WE have heard this matter exhaustively. The only point urged for our consideration is that the appeal provided under the Scheme, namely, M. P. (Khadya padarth) Sarwajanik Nagrik Purti Scheme, 1981, has not been disposed of by the competent authority and, therefore, the impugned order is illegal and without jurisdiction. The grievance is that instead of the "collector", "additional Collector" had heard the appeal while under the Scheme, it is the Collector who is only authorised to hear the appeal.

( 2. ) HOWEVER, we do not find any merit in the submission pressed because of what we read in the provisions of Section 2 (6) and Section 17 of M. P. General Clauses Act, 1957 and Section 17 of M. P. Land Revenue Code, 1959, cumulatively. We quote the relevant provisions :

G. C. Act : "2. General Definitions.- In this Act and in all Madhya Pradesh enactments, unless there is anything repugnant in the subject or context, -

(6) "collector" means the chief officer-in-charge of the revenue administration of a district". . . . . . "17. Substitutions of functionaries.- In any enactment it shall be sufficient for the purpose of indicating the application of the law to every person









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