SANNEGOWDA Vs. SPECIAL LAND ACQUISITION OFFICER MANDYA

JUDGEMENT

(1.) HEARD the learned counsel for the petitioner Sri Srinivas holding brief for Sri Mahantesh S. Hosmath and Sri M. H. Ibrahim, learned government pleader.

(2.) THIS revision arises from the order dated 13-12-1993 passed by the learned civil judge, mandya, dismissing the revision petitioner's application under Section 18 (3) of the Land Acquisition Act as has been barred by time.

(3.) THE facts of the case in the nutshell are that, in land acquisition proceedings, award was given by the special land acquisition officer, which award is dated 1-10-1990. Revision petitioner was paid the compensation to the tune of Rs. 9,222/- as per voucher dated 14-10-1992. The voucher was passed for payment on 14-10-1992. The revision petitioner after receipt of the amount filed a protest note with prayer that the amount assessed is too low and unsatisfactory and the matter should be referred to the civil court for decision under Section 18. This way he made prayer for reference being made under Section 18 before the special land acquisition officer thereafter the petition before civil court on 18-1-1993. As appears from the proceedings dated 19-1-1993 that, on 18-1-1993 reference petition under Section 18 (3) (b) of the land acquisition act as amended by Karnataka Act, was made by the revision petitioner. This application was rejected taking the view that the petitioner has failed to prove that he had filed the protest application within 90 days of such award notice.