Komal Singh vs The Land Acquisition ...
2021 Latest Caselaw 8081 MP

                                                                       1                                MP-4327-2021
                                                 The High Court Of Madhya Pradesh
                                                           MP No. 4327 of 2021
                                          (KOMAL SINGH Vs THE LAND ACQUISITION REHABILITATION OFFICER AND OTHERS)


                                   Jabalpur, Dated : 01-12-2021
                                           Shri Kamlesh Kumar Mishra, learned counsel for the petitioner.

                                           Shri Manoj Kushwaha, learned Panel Lawyer for the respondent/State.

Learned counsel for the petitioner submits that the application for reference under Section 18 of the Land Acquisition Act has been dismissed on account of default. He submits that reference Court ought not to dismiss

the reference in default and has to answer the reference. In support of his submission, he has placed reliance on the judgment passed by the Supreme Court in the case of Khazan Singh Vs. Union of India 2002 2 SCC 242. He further submits that similar petition M.P.No.965/2020 and others have been disposed of and the matter has been remanded back.

Learned counsel for the State though opposed the prayer but could not substantiate his arguments that the reference ought not to be dismissed in default.

In view of aforesaid, the petition is disposed of. The impugned order is

set aside. The matter is remanded back to the Third Additional District Judge, Khandwa to decide the same on merit in accordance with law expeditiously.

Accordingly, the petition is disposed of.

(VIJAY KUMAR SHUKLA) JUDGE

mrs. mishra

Signature Not Verified SAN

Digitally signed by DEEPA MISHRA Date: 2021.12.02 10:42:11 IST