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2023 Supreme(Guj) 290

A. S. SUPEHIA
Patel Ghanshyambhai Popatbhai – Appellant
Versus
State Of Gujarat – Respondent


Advocates Appeared:
For the Petitioner: Mr. Akash R. Patel.

JUDGMENT :

1. Rule. Mr.Jayneel Parikh, learned AGP waives service of notice of rule on behalf of the respondents.

2. As a short issue is involved in the present writ petitions, the same are decided today.

3. By way of the present petitions, the petitioners are challenging the orders dated 27.12.2021, which were received by the petitioners on 25.1.2022, whereby respondent No.2 has refused to send reference of the petitioners to the District Court under section 18 of the Land Acquisition Act, 1894 (“the Act” for short) on the ground of delay and non-payment of court fee.

4. The short facts giving rise to the present petition are such that the land of the petitioners being Survey No.33 admeasuring 0-46-13 Sq.mtr of village Vanod, Taluka Dasada, District Surendranagar came to be acquired for construction of branch canal by the Sardar Sarovar Nigam. The Collector had passed an award on 24.5.1996 in Case No.122/92. It is the specific case of the petitioners that notice, as contemplated under section 12(2) of the Act, has been not issued and served upon the petitioners, and therefore, the petitioners were not aware about the passing of the award by the Collector. The petitioners and

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