(Per : HONOURABLE MR.JUSTICE V. M. SAHAI) 1. We have heard Mr. Vijay H. Nangesh, learned counsel appearing for the petitioner and Mr. Rakesh P. Patel, learned Assistant Government Pleader appearing for the respondents.
2. This petition can be disposed of without calling for affidavit-in-reply.
3. The petitioner filed Reference under Section 18 of the Land Acquisition Act in the year 2012. But the petitioner did not deposit the Court Fees as was demanded by the respondents. Therefore, the Special Land Acquisition Officer, Narmada Scheme, Unit 1, Bhachau, Dist. Kachchh dismissed the Reference by order dated 2.3.2012 on the ground that the petitioner has not deposited the requisite Court Fees.
4. Learned counsel for the petitioner has urged that the petitioner is ready and willing to deposit the Court Fees within a period of six weeks from today.
5. In view of the statement made by learned counsel for the petitioner, interest of justice demands that the petitioner be permitted to deposit the Court Fees as demanded by the respondents so that the Reference is decided on merits and the impugned order dated 2.3.2012 passed by the respondent No.2 - the Special Land Acquisition Officer, Narmada Scheme, Unit 1, Bhachau, Dist. Kachchh deserves to be set aside.
6. In the result, the present petition succeeds and is allowed. The order dated 2.3.2012 passed by the respondent No.2 - the Special Land Acquisition Officer, Narmada Scheme, Unit 1, Bhachau, Dist. Kachchh is set aside. Six weeks time is allowed to the petitioner for depositing the requisite Court Fees before the respondent No.2. After the petitioner deposits the Court Fees, if any query or objection is raised by the respondents, the same may be removed by the petitioner. After the petitioner deposits the Court Fees, the respondent No.2 shall proceed to decide the Reference in accordance with law. Direct service is permitted.
[V. M. SAHAI, J.] [G. B. SHAH, J.] Savariya