HAZURA SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) BEING aggrieved by the order passed by the Additional District Judge, Faridkot dated 7. 10. 1982, appellant has filed this appeal.

(2.) BRIEF resume of !he facts is that 13 Kanals 1 Maria of land of appellants' father Hazura Singh along with other share holders was acquired by the government for setting up a grain market at-Malout. The Collector gave his award. Hazura Singh Hied an application under Section 18 of the Land Acquisition Act (in short the Act ) for enhancement of compensation. It was ordered that the notice be given to both the parties for 27. 7. 1979. On this date none appeared for Hazura Singh. The Government Pleader appeared for the Slate and an order was passed that notice be issued for summoning the petitioner for 30. 8. 1979, On this date, as none appeared for Hazura Singh, the reference was dismissed as having become infructuous. Hazura Singh could not appear as he died. By the will dated 28. 12. 1976 Hazura Singh bequeathed all his properly to applicants Balbir Singh and Sukhdev Singh, who are his sons. These applicants came to know of the dismissal of the reference petition on 11. 8. 1981. They immediately applied for certified copy of the said order, which was supplied to them on 24. 8. 1981. They filed an application on 25. 8. 1981 praying that order of dismissal of the reference petition be recalled; delay in filing the application be condoned. This application was fixed for 11. 8. 1982. Notice to the respondent could not be issued as process fee was not paid. Hence, on this date, petition was dismissed for non payment of process fee. On 26. 8. 1982 the applicants filed the petition for restoration of the petition filed on 25. 8. 1981. By the impugned order this petition was dismissed on 7. 10. 1982.

(3.) PETITIONERS ' learned counsel relying on Baldev Singh and Ors. v. State of Punjab through the Secretary Urban Development Department, Punjab at Chandigarh and Ors. , (1982)84 P. L. R. 124, State Bank of Paliala v. Shri Hakam Singh and Anr. , (1983)85 P. L. R. 170, Lajpat Rai and Ors. v. State of Punjab and Anr. , AIR 1981 Supreme Court 1401, The State of Punjab and Anr. v. Garja Singh and Ors. , (1993-2)104 P. L. R. 40, Smt. Kamla Devi v. State of Haryana, (1986-1)89 P. L. R. 692, Shyam Shankar Sahai and Ors. v. State of Bihar, AIR 1974 Patna 176, contended that the reference should not have been dismissed in default or for non payment of process fee. The Court was duty bound to decide the reference even if the petitioners were not able to adduce their evidence. The Court should have decided the reference on the basis of the material on record.