JAYESHBHAI BHAGWANDAS PAVRA Vs. STATE OF GUJARAT

JUDGEMENT

(1.) IN this petition, the petitioner, in para - 7(a), has prayed as under: 7(a). Be pleased to issue a writ of mandamus or any other writ, order or direction, directing the land Acquisition Officer to accept the money and then to make a reference and treat the reference in time.

(2.) THE brief facts of the case are that the respondents acquired the land of the petitioner situated at village: Varmor, Taluka Mandal, District Mehsana, bearing Survey No. 675 admeasuring 2497 sq. mtr. vide notification issued on 5.2.2008, under section 4 of the Land Acquisition Act ( the Act for short). The notification under section 6 of the Act came to be issued on 26.6.2008. Respondent no. 2awarded Rs. 5.65/ -per sq. mtr. in respect of the aforesaid land vide order dated 31.5.2010 and the petitioner was communicated the same vide RPAD dated 13.9.2010. Respondent no. 2 passed award on 31.5.2010. However, no notice was issued under Section 12(2) of the Act, as no payment was made on the said date. The petitioner made a reference before respondent no. 2 on 28.6.2010. Then, a communication was sent by respondent no. 2 to the learned advocate for the petitioner informing him that Court Fees were to be paid, as per the new Court Fees Act, 2004. Since, the petitioner could not pay the Court Fees, the Reference came to be dismissed. Hence, the present petition.

(3.) WE have heard learned Counsel for the parties and perused the material on record with their assistance. It is submitted at the Bar that the similar issue had arisen before this Bench in Special Civil Application No. 9586 of 2012, and this Bench has held in para -4 and 5, which reads as under: