MADHUKAR DEORAO PANDE Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) THIS Civil Revision Application is directed against the order dated 29. 9. 1988/3. 10. 1989 by which the Special Land Acquisition Officer, Parbhani has held that the petitioner's application for reference under section 18 is barred by time and that the compensation has been received by the petitioner without protest. The brief facts are that the land survey No. 190 admeasuring 2 H 94 R. at village Ghoda Taluka Kalamnuri, District Parbhani was owned by one Deorao Pande. This Deorao Pande is the father of the present petitioner Madhukar Pande.

(2.) THE award under the Land Acquisition Act was made by the Special Land Acquisition Officer on 16. 7. 1979. At the time the award was passed, it is an admitted position that Deorao Pande had died earlier. He died on 4. 12. 1978. He left behind his wife Smt. Pande, who also died on 23. 8. 1981. When the legal representative of deceased Deorao Pande i. e. present petitioner Madhukar Pande made a claim for receiving compensation, he was asked to produce a succession certificate by the Special Land Acquisition Officer. The petitioner Madhukar therefore applied for succession and eventually the succession certificate was granted to him on 30. 4. 1983. In the meanwhile the amount of compensation had been sent to the Accountant General's Office. It is an admitted position that the Accountant General released the amount in favour of the petitioner Madhukar Pande on 27. 6. 1983 after Madhukar produced the succession certificate before the Accountant General. This amount was received by Madhukar Pande on 5. 8. 1983.

(3.) AFTER the present petitioner received the amount on 5. 8. 1983, he applied for reference under section 18 of the Land Acquisition Act, within about 20 days i. e. on 25. 8. 1983. This application for reference has been rejected on 29. 9. 1988 on the ground that it is barred by limitation. It is this order rejecting the reference, which has been challenged by the Madhukar before this Court by the present Civil Revision Application.