UNION OF INDIA Vs. CHATURBHUJ

JUDGEMENT

(1.) THIS revision by the Union of India and the Commandant, 15th, Border Security Force, is directed against the order of the learned Civil Judge, Barmer, dated 17 -9 -82, by which he has rejected the reference made by the Collector Under Section 18 of the Rajasthan Land Acquisition Act (hereinafter called 'the Act'), as barred by time.

(2.) I have heard the learned Counsel for the parties.

(3.) TWO contentions have been raised before me by the learned Counsel for the petitioners. His first contention is that the learned Civil Judge had no jurisdiction to go into the question of limitation of the application for reference. His second contention is that as the question whether the learned Civil Judge had jurisdiction to go into the question of limitation had not been decided by this Court by its earlier order it is open to the petitioners to raise this question even now and such a question would not be barred. In support of his first contention, he relied upon a number of authorities of High Courts other than the Rajasthan High Court e.g. Hari Kishan v. State of Pepsu AIR 1956 Punjab 490, Venkateswaraswami v. Sub -Collector, Bezwada AIR 1943 Mad. 327, Madansinhj' Suheb v. State of Gujarat AIR 1963 Gujarat 175, Kalivanchand v. Kanchanbai : AIR1963MP220 and State of U.P. v. Abdul Karim : AIR1963All556 and in support of the second contention, he relied upon Perumal v. Pandaran AIR 1951 TravancoreCochin 26. Gopal Chandra v. Dwarika Nath AIR 1941 Cal. 446 and G. Gurumurthy v. K. Ayuappa : [1974]3SCR595 .