JUDGMENT

Arijit Pasayat, J. — Leave granted.

2. Challenge in this appeal is to the legality of judgment rendered by a Division Bench of the M.P. High Court, Jabalpur dismissing appellants Letters Patent Appeal by order dated 7.11.2001. By the said order, the Division Bench dismissed the Letters Patent Appeal directed against order of learned Single Judge dated 23.8.2001 dismissing writ petition filed by the appellant.

3. Appellant had challenged notification issued under Section 4 and declaration under Section 6 of the Land Acquisition Act, 1894 (in short the Act) and the subsequent award passed by the Land Acquisition Officer. The writ application was dismissed primarily on the ground of delay and also on the ground that the award had already been passed. The Division Bench concurred with the view expressed by Learned Single Judge.

4. Learned counsel for the appellants submitted that the High Court should not have considered the writ petition to be belated. In fact, a suit was filed in the year 1990 immediately after notification was issued under Section 4 and declaration under Section 6 of the Act on 16.9.1987 and 6.12.1988 respectively. The suit was held to be not maintainable by