SECY OF STATE Vs. BHAGWAN PRASAD

JUDGEMENT

(1.) This is an appeal by the Secretary of State for India in Council and arises out of a decree of the learned Subordinate Judge of Mirzapur acting as the "Court" within the meaning of Clause (d), Section 3, Land Acquisition Act, 1884.

(2.) The plea in appeal is that the reference by the Collector was made on a belated application of the respondents and the reference should have been thrown out by the learned Subordinate Judge.

(3.) The facts briefly are as follows: The award made by the Collector in the case bears the date 15 June 1923. It could not be traced, that at any rate is my reading of the judgment of the Court below and the learned Government Advocate has not been able to state the date when the award was actually filed in the office of the Collector. Notices were ordered to be issued, by the Collector, to the two owners on 30 October 1923. They were actually served on Bhagwan Prasad on 18 January 1924, and on Mt. Anandi Kunwar on 23 January 1924. The owners applied for a reference being made to the Collector, within six weeks of the service of notice on them. A reference was accordingly made. A preliminary objection was taken on behalf of the Collector that the reference was time barred. The learned Judge refused to entertain the plea of limitation raised by the present respondent and held that it was not open to him to consider whether the reference was barred by time and he investigated the case and decided what was the amount payable to the owners.