Court No. - 34 Case :- WRIT - C No. - 6127 of 1999 Petitioner :- Vidya Dhar Pathak Respondent :- State Of U.P. & Others Petitioner Counsel :- C.P. Tripathi Respondent Counsel :- C.S.C. Hon'ble Prakash Chandra Verma,J.
Hon’ble Ram Autar Singh,J.
By means of this writ petition, the petitioner has challenged the order dated
13.11.1998 by which the Collector has rejected the application of the
petitioner for making reference under section 18 of the Act on the ground of
limitation.
Learned counsel for the petitioner submitted that no notice under section 12
was issued to the petitioner. the petitioner had no knowledge about the award.
The petitoenr came to know about the award when the petitioner enquired
about the award and he came to know that award has been made and same day
he received award.
The application under section 18 was moved by the petitioner within a period
of six months from the date of knowledge, therefore, the delay is liable to be
condoned.
These facts have not been controverted. The Apex Court in AIR 1961
Supreme Court 1500 Raja Harish Chandra Raj Singh Vs. Dy. L.A. Officer
and another, the Supreme Court held as under:-
“The knowledge of the party affected by the award, either actual or
constructive, being an essential requirement of fairplay and natural justice,
the expression” the date of the award” used in the proviso must mean the
date when the award is either communicated to the party or is known by
him either actually or constructively. In our opinion, therefore, it would be
unreasonable to construe the words” from the date of the Collector’s
award” used in the proviso to Section 18 in a literal or mechanical way”
In view of the above, the order of Collector dated 13.11.1998 is hereby set-
aside.
The Collector, Sant Ravi Das Nagar, Bhadohi is directed to make the
reference of the petitioner under section 18 of the Act to the District Judge,
Sant Ravidas Nagar within a period of one month from the date of production
of certified copy of this order.
With the aforesaid direction, the writ petition is disposed of.
Order Date :- 14.7.2010
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