ORDER

The present petition under article 226 of the Constitution of India is directed against the order dated 20.03.2018 passed by SDO, Jhansi Road, Gwalior in case no.48/2016-17/59 whereby the SDO by invoking the powers under section 172(4) of MPLRC had assessed the land in question on the basis that commercial activities were being carried out by the petitioner on the aforesaid land which was in variance of the purpose for which the land was marked i.e. agriculture and, therefore, the value of the land was assessed as per the diverted land and accordingly a penalty was imposed which could be upto 20% of the market value of such diverted land.

2. Learned counsel for the petitioner has submitted that the aforesaid exercise by the SDO was done without issuing any notice and without giving any opportunity of hearing, thus, since the entire exercise is against the principles of natural justice stands vitiated and, therefore, deserves to be set aside.

3. It was further submitted that the order impugned is clearly an ex parte order, and from the bare perusal of the said order, it would be evident that no notices were ever issued to the petitioner, but it has been mentioned there in th