STATE OF PUNJAB Vs. GARJA SINGH

JUDGEMENT

(1.) THE present petition has been filed against the order of the Disfrict Judge, Ropar, dated 17th December, 1991, whereby the application for reference under Section 18 of the Land Acquisition Act (hereinafter referred to as the 'act') which was dismissed in default by the District Judge had been ordered to be restored. The District Judge found on the basis of the judgment of this Court in Smt. Kamla Devi v. State, (1986-1) 89 P. L. R. 692 that the application for reference could not be dismissed in default as it was the bounden duty of the Court to make an award even if it happened to be an ex parte one It was also found that though the application for restoration was mads rather belatedly yet the claimants being illiterate villagers the delay was liable to be ignored keeping in view their situation. Aggrieved by the order aforesaid, the State of Punjab has filed the present petition.

(2.) NOTICE of this petition was ordered by this Court for 6. 8. 1991 but as per the office report the State of Punjab did not rile the processfee and as such notices could not be issued. Mr. N. S. Boparai, learned Assistant Advocate-General for the State of Punjab has, however, urged that the application for setting aside the order of dismissal in default has been made very belatedly i. e. after a lapse of almost seven years and as such it ought to have been dismissed on this short ground.

(3.) I have heard the learned counsel and find no merit in this petition, It has been held in the aforecited case that a reference under Section 18 of the Act cannot be dismissed in default and an award has to be made under all circumstances. I also agree with the view expressed by the learned District Judge Ropar that some latitude must be given to an illiterate person who is not really conscious of his legal rights. Keeping in view the facts and circumstances of the case, I find no merit in the petition and the same is dismissed with no order as to costs.