RAGHUNATH MAHATO Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS appeal has been preferred against the order dated 17.07.2009 passed in W.P NO.1271/2009 which is time barred by 95 days. The reason for the delay is not substantiated by the fact stated in the petition yet in the interest of justice we ignored the delay merely to obviate the miscarriage of justice, if any, in so far as the merit of the matter is concerned. This is how we permitted the counsel for the appellant to address us on the merit of the appeal. This appeal has been filed against the order dated 17.07.2009 passed in W.P NO. 1271/09 by which the writ petition was dismissed holding therein that the petitioner has a remedy of initiating a reference under Section 18 of the Land Acquisition Act, 1894 which would be the remedy for any person interested who has not accepted the award.

(2.) COUNSEL for the appellant submitted that it is not a case where the petitioner -appellant has not accepted the award but his simple case is that the interest amount has not been properly calculated.