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1981 Supreme(Kar) 216

K.A.SWAMI
GWALIOR RAYON SILK MFG. WVG. CO. LTD – Appellant
Versus
LAKSHMAVVA – Respondent


Advocates:
C.S.KOTHAVALE, W.K.SUNDAR MURTHY

K. A. SWAMI, J.

( 1 ) THIS civil revision petition under Sec. 115 CPC, is preferred against the order dated 13-2-1981 passed by the Learned civil Judge, Ranebennur in LAC No. 7 of 1979 holding that the reference made by the Land Acquisition Officer is maintainable. The petitioner has raised an objection before the learned Civil judge that the reference made by the land Acquisition Officer is not valid because the same has been made after the expiry of 90 days from the date of the application filed by the claimant under S. 18 of the Land Acquisition act, 1894 (Central Act No. 1 of 1894) as amended by the Karnataka Act No. 17 of 1961 (hereinafter referred to as 'the Act') for making a reference to a civil Court.

( 2 ) THE contention is that, after the expiry of 90 days from the date of filing an application under S. 18 of the Act, the Land Acquisition Officer ceases to have power to make a reference and thus becomes functus officio, therefore, the reference made by him after the expiry of the aforesaid period, is invalid. The learned Civil Judge has over-ruled this objection. The same contention is put forth in this revision petition also.

( 3 ) 3. 1. Sri W. K. Sundara Murthy, learned






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