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2010 Supreme(MP) 468
2010 jk fu 455 2010 RN 455
¼mPp U;k;ky;½ (HIGH COURT)
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Anil Sharma, J.
Jou dqekj tSu fo- e-iz- jkT;
Shravan Kumar Jain
Vs
State of M.P.
fjV ;kfpdk dz- 3230 lu~ 2010 ¼Xokfy;j½( jktLo eaMy e-iz- Xokfy;j }kjk ekeyk dz- izR;korZu 137&v/;{k@2009 esa ikfjr vkns‘k ds fo:)( fu.khZr fnukad 28-6-2010A
Writ Petition No. 3230 of 2010 (Gwalior); against order of Board of Revenue, M.P., Gwalior in case No. Restoration 137-PBR/2009;
Decided on: 28.6.2010
Advocates Appeared:
D.K. Agrawal for petitioner;
Nidhi Patankar, Dy. Govt. Advocate for State.
Headnote:Hkw&jktLo lafgrk] 1959 ¼e-iz-½ && /kkjk 9 rFkk 41 && jktLo eaMy ds izfdz;k rFkk izFkk ds fu;e && fu- 32 && ekeyk izR;korZu ds fy, vkosnu && ‘kiFk i= }kjk lefFkZr && vuqifLFkfr dk dkj.k okgu dk foQy gksuk n‘kkZ;k x;k && vkosnu bl vk/kkj ij [kkfjt ugha fd;k tk ldrk fd okgu dh ejEer dk fcy Qkby ugha fd;k && izR;korZu vkosnu dh iqu% lquokbZ ds fy, rFkk xq.kkxq.k ij uohu vkns‘k ikfjr fd, tkus ds fy, ekeyk jktLo eaMy ds izfrizsf"krA ¼iSjk 3 rFkk 4½
Land Revenue Code, 1959 (M.P.) -- Ss. 9 and 41 -- Rules of Practice and Procedure of Board of Revenue -- R. 32 -- application for restoration of case -- supported by an affidavit -- reason of absence shown due to failure of vehicle -- application cannot be rejected on the ground that bill of repairing of vehicle not filed -- case remanded to Board of Revenue for rehearing of restoration application and a fresh order on merits be passed. [Paras 3 and 4
1. Heard.
2. Being aggrieved by the order dated 4.12.2009 passed in Case No. Restoration/137/PBR/2009 Board of Revenue MP, Gwalior, this petition is filed by the petitioner.
3. Learned counsel for the petitioner submits that the appeal bearing No.A-1608/111/08 was dismissed in default on 3.8.2009 as the petitioner could not reach to the Court due to failure of the vehicle on the way, against which the petitioner filed an application for restoration of the appeal, which has also been dismissed by the said order dated 4.12.2009 on the ground that the petitioner has not filed any bill for repairing of the vehicle and the application could not have been decided only on the basis of the affidavit filed in support of the restoration application.
4. Considering the facts and circumstances of the case, this writ petition is allowed, it is directed that Case No. Restoration/137/PBR/2009 Board of Revenue M.P. Gwalior be heard again and a fresh order on merits be passed by the Board of Revenue.
5. The petition is disposed of accordingly.
