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1977 Supreme(Kar) 29

K.VENKATASWAMI
D. R. PUNDALIK RAO – Appellant
Versus
ASST COMMR AND LAO, SHIMOGA – Respondent


Advocates:
B.G.SRIDHARAN, N.BASAVARAJU

( 1 ) THIS petition under Sec. 115 CPC is directed against an order made by the Addl Civil Judge at Shimoga in LAC. 193 11972. By that order, the learned Civil Judge rejected an application for the issue of a dirtion to the Land Acquisition Officer to make a reference pursuant to Section 18 (3) (b) of the Land Acquisition Act.

( 2 ) THE petitioner herein was a claimant in LAC. 2/65-66, a land acquisition proceeding for determination of compensation, on the file of the Assistant Commissioner and the Land Acquisition Officer, Shimoga, the repondent herein. On the passing of an award and the service of notice of the same on the petitioner, he filed an application seeking a reference to a Civil Court under S. 18 of the Land Acquisition Act (the act ). For some reason or another, the respondent neither made a relererence to the Court nor passed any order on the said application. Consequently, the petitioner applied to the Civil Judge at Shimoga under Section 18 (3) (b) of the Act, requesting for appropriate orders compelling the Land Acquisition Officer to make the reference. The said application was filed on 1st July 1972 i. e. , within three years from the date of service of the notic






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