JAMILA KHATOON Vs. STATE OF BIHAR

JUDGEMENT

(1.) THIS writ has been filed for quashing (Annexure 4) the order rejecting the prayer of the petitioner for referring the matter to the competent Court under Section 18 of the Land Acquisition Act, and also for issuance of a mandamus to the respondents to refer the matter to the Civil Court of competent jurisdiction under Section 18 of the Land Acquisition Act.

(2.) THE short facts of the case are that the petitioners land bearing Khata No. 99 of Plot No. 747 Area 2.47 acres was acquired vide Land Acquisition Case No. 5 of 1986 -87, Annexure 1. The award of collector under Section 12(2) was communicated to the petitioner on 13.3.1989. Thereafter on 29.3.1989 the petitioner filed her objection under Section 18 of the Act requesting the Collector to refer the matter to the Civil Court on the ground that the award and sum is less and it should be at least 2 lacs. The petitioner, however, In that very objection petition also wrote as follows : - -

(3.) SECTION 18 of the Land Acquisition Act, 1894 reads as follows : - -