SUBHASHAN REDDY, J.

( 1 ) THE point raised in this writ petition is as to whether there is a necessity of issuance of notice under Section 12 (2) of the Land Acquisition Act, 1894 (herein after referred to as "the Act") to the Claimants, even though the amount is not awarded in their favour but the matter is referred to the Civil Court under section 30 of the Act by making deposit of the award amount as contemplated under Section 31 (2) thereof. To meet the contention of the petitioners that section 12 (2) notice was not issued, the respondent filed a counter stating in paragraph 2 thereof, that notice under Section 12 (2) of the Act was not issued as the compensation amount was deposited in the Court pursuant to the reference made under Section 30 of the Act. It is pertinent to mention that the limitation for making an application for reference under Section 18 of the Act runs from the date of Section 12 (2) Notice, if the awardees are not present at the time of passing the award.

( 2 ) IN so far as the fact that the respondent did not contend that the petitioners were present at the time of passing the award but they assert that a notice under section 12 (2) of the Act was not req

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