DYAMANAGOUDA S/O HANUMAGOUDA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) The appeal is admitted for hearing. With consent of the parties, the same is heard finally.

(2.) In this intra Court appeal, the appellant has assailed the validity of the order dated 29.05.2018 passed in W.P.No.104400/2016 by which the writ petition preferred by the appellant has been dismissed.

(3.) The facts giving rise to filing of this appeal briefly stated are that, the appellant is the owner of the land measuring 2 acres. The aforesaid land was acquired under the provisions of Land Acquisition Act, 1894 (for short the 'Act') and an award was passed on 19.02.2010. Thereafter a notice under Section 12(2) of the Act was served on the appellant on 16.10.2010. The appellant admittedly within the statutory period of limitation prescribed under the Act made an application before the Deputy Commissioner under Section 18 of the Act seeking a reference to the Court for enhancement of the amount of compensation on 15.11.2010. The Deputy Commissioner signed the order of reference on 03.02.2014. Admittedly the period of limitation i.e. three years ninety days expired on 15.02.2014. The reference Court however refused to entertain the reference on the ground that the same has been received belatedly in the Court on 04.03.2014 and 05.03.2014. The petitioner challenged the aforesaid order before the learned single Judge. Learned single Judge has dismissed the petition inter alia, on the ground that the record was received belatedly in the Court on 04.03.2014 and 05.03.2014 i.e. after the expiry of period of limitation on 15.02.2014. Learned single Judge has placed reliance on the decision of the Hon'ble Supreme Court in State of Karnataka V/s Laxuman reported in (2005) 8 SCC 709. In the aforesaid factual background, this appeal has been filed.