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2011 Supreme(Kar) 467

H.G.RAMESH
Chanabasappa – Appellant
Versus
Special Land Acquisition Officer, U. K. P. – Respondent


Advocates appeared:
For the Petitioners:Umesh V. Mamadapur, Advocate.
For the Respondent: Malikarjun Sahukar, HCGP.

Judgment :

RAMESH, J.

1. The question that requires to be determined in this Revision Petition is as to when the applications under sub-sections (1) & (3) of Section 28A of the Land Acquisition Act, 1894, are maintainable in law?

2. I have heard the Counsel for the parties and perused the impugned order. This Revision Petition is directed against the order dated 24.7.2009 passed by the Court of the II Additional Civil Judge (Sr.Dn.), Bijapur, (hereinafter referred to as ‘the Reference Court’) in LAC Misc.No. 27/2005. BY the impugned order, the Reference Court has dismissed the petitioner’s application dated 04.06.2005 filed under Section 18(3)(b) of the Land Acquisition Act, 1894, as amended in Karnataka (for short ‘the Act’). The said application was filed to direct the respondent-L.A.O. to refer the matter to the Reference Court as sought by them in their application dated 17.02.2003 filed before the L.A.O. under Section 28A(3) of the Act.

3. The facts leading to filing of this Revision Petition are as follows:

The petitioners filed an application dated 20.5.2002 (Ex.P1), under Section 28A(1) of the Act for re-determination of the compensation payable to them in respect of the hou













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