- (1.) LEARNED counsel for the petitioners submitted that land of the present petitioners was acquired under Land Acquisition Act, 1894, thereafter, the order was passed by Land Acquisition Officer, which was received on 31st May, 2006. Amount of the compensation was received with objection or under protest and, thereafter, an application was preferred by the petitioners under Section 18 of the Act, 1894 on 24th June, 2006 (Annexure 1 to the supplementary affidavit) for making a reference. The application was preferred before respondent no. 2, but, till today neither reference is made by respondent no. 2 nor the application preferred by the present petitioners has been dismissed and mainly because of inaction on the part of respondent no. 2 for long time, the present petition has been preferred.
(2.) I have heard learned counsel for the respondents, who has submitted that once the amount of compensation is received as per Section 18 of the Act, 1894, no such reference is tenable at law. Nonetheless, if the direction is given to respondent no. 2 to decide the application preferred by the petitioners under Section 18 of the Act, 1894, which is at Annexure 1 to the supplementary affidavit, the same will be decided as early as possible and practicable, preferably within stipulated time, in accordance with law. Having heard learned counsels for both the sides and looking to the fact that respondent no. 2 has not yet decided the application preferred by the petitioners, which is at Annexure 1 to the supplementary affidavit, I hereby direct respondent no. 2 to decide whether the reference should be made or not upon the application preferred by the petitioners (Annexure 1 to the supplementary affidavit), if not so far decided, within a period of fifteen days from the date of receipt of a copy of the order of this Court.
(3.) THE petition is, accordingly, disposed of in view of the aforesaid directions.;