JYOTIYA Vs. STATE OF M P

JUDGEMENT

(1.) Being aggrieved by the order dated 13.7.2011 passed by 7th Additional District Judge, Sardarpur in MJC No. 10/2004, whereby the application filed by the petitioner u/s 5 of the Limitation Act, for condonation of delay in filing the reference was dismissed, present petition has been filed.

(2.) Short facts of the case are that the property of the petitioner was acquired for which the compensation was assessed by the Land Acquisition Officer on 31.3.2003 and the reference was made by the petitioner on 8.11.2004 along with the application u/s. 5 of the Limitaion Act, wherein it was prayed that the delay in filing the reference be condoned. The application was opposed by the respondent. After hearing the parties, learned Court below dismissed the application consequently the reference against which present petition has been filed.

(3.) Learned counsel for the respondent argued at length and submits that no illegality has been committed by the learned Court below in dismissing the application filed by the petitioner. LEARNED counsel placed reliance on a decision in the matter of Mohammed Hasnuddin v. State of Maharashtra, 1979 AIR(SC) 404 wherein Hon.ble Apex Court has held that the Court has jurisdiction to decide whether the reference was made beyond the period prescribed by the Proviso to Sub-section (2) of section 18 of the Land Acquisition Act and if he finds that it was so made, decline to answer reference. LEARNED counsel submits that in the facts and circumstances of the case, the petition filed by the petitioner has no merits and the same be dismissed.