LAWS(GJH)-2011-6-85

SIPAI PIRUMIYA SARDARMIYA Vs. STATE OF GUJARAT

Decided On June 13, 2011
SIPAI PIRUMIYA SARDARMIYA Appellant
V/S
STATE OF GUJARAT THROUGH SECRETARY Respondents

JUDGEMENT

(1.) RULE. Ms. Monali Bhatt, learned AGP appears for respondents and waives service of rule on behalf of respondents. Upon joint request of the learned counsel for the parties, this petition is taken up for final disposal today itself.

(2.) THE petitioner is aggrieved by orders dated 16.12.2010 and 23.12.2010 by which his reference application filed under Section 18 of the Land Acquisition Act, 1894 has been returned on the ground that the petitioner has not paid the necessary Court Fees as required under the Gujarat Court Fees Act, 2004.

(3.) IN the result, this writ petition succeeds and is allowed. The orders dated 16.12.2010 and 23.12.2010 passed by the Special Land Acquisition Officer, respondent No.2 herein is set aside so far as the petitioner is concerned on condition that the petitioner shall pay/affix necessary court fees within a period of one month from today and his application for making the reference be reconsidered by the Special Land Acquisition Officer on the basis of petitioner's reference application. Rule is made absolute accordingly, with no order as to costs. D.S. permitted.