KRISHNANATH SAKHARAM Vs. STATE OF GOA

JUDGEMENT

(1.) Heard both sides.

(2.) By this petition the petitioner seeks a writ of mandamus against the respondent No. 2, the Land Acquisition Officer to make a reference under section 18 of the Land acquisition Act, 1894, by virtue of his letter dated 17th October, 2003, addressed to the land Acquisition Officer.

(3.) The undisputed facts are as follows :-The Award was passed under the Land acquisition Act on 20th June, 2003. The petitioner received the notice about the passing of the Award on 23rd September, 2003. Thereafter, the petitioner addressed a letter dated 17th October, 2003, to the Land Acquisition officer which is part of Exh. D colly, giving the names of the nine heirs of his father who had expired on 7th February, 1986 and stating that a deed of succession was executed on 25th August, 1993, before the notary Ex officio, Panaji, and all the legal heirs were entitled to the amount of compensation awarded in respect of the land acquired. He also stated that all the legal heirs had executed a power of attorney in his favour which he was producing. The last two paragraphs of the said letter read as follows:-