Section 16(3) in Karnataka Conduct of Government Litigation Rules, 1985
(3)(a)Whenever an application requesting the Land Acquisition Officer to make a reference to the Civil Court under section 18(1) of the Act is received, it shall be his duty to examine as to whether such application is filed within time and is maintainable and to pass orders thereon as expeditiously as possible.(b)In cases where the claimant approaches the court under Section 18(3) of the Land Acquisition Act, it shall be the responsibility of the Land Acquisition Officer and the Law Officer to verify whether such an application is maintainable, whether the allegation made therein are correct. Whether he had filed an application under sub-section (1) of section 18 within the period of limitation and to file necessary objections and produce all relevant evidence before the court. Objection statement indicating all relevant details shall be filed in such a case.Note. - Instances have come to the notice of the Government where,-(i)forged, anti dated or bogus references under section 18(1) have been filed or sent to court alleging that it has been sent in pursuance to the direction of the court under section 18(3) even though in fact there is no such direction by the court.(ii)copies of non-exitant, bogus or forged applications said to have been made to the Land Acquisition Officer have been filed in the court along with application under section 18(3).(iii)bogus or forged receipts said to have been given by the Land Acquisition Officer for having received application under section 18(1) have been filed into the court.(iv)false allegation of filing application under section 18(1) before the Land Acquisition Officer and the Land Acquisition Officer making a reference under section 18(1) have been made in the application under section 18(3).(c)Where application under section 18(3) have been made either without there being valid application to Land Acquisition Officer under section 18(1) or with forged, anti dated, bogus non-existing references under section 18(1) of the Act it shall be the duty of the Land Acquisition Officer and the Law Officer to bring all those factors to the notice of the court. The Land Acquisition Officer shall assist the court in all respects to give effect to the circular issued by the High Court which is enclosed to these rules as Annexure. The Law Officer shall insist the court to take action as indicated in that circular.
