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Madhya Pradesh High Court

Bijay Singh vs The State Of Madhya Pradesh on 2 August, 2019

                                                            1                            WP-14824-2019
                               The High Court Of Madhya Pradesh
                                          WP-14824-2019
                                         (BIJAY SINGH Vs THE STATE OF MADHYA PRADESH)

                    1
                    Jabalpur, Dated : 02-08-2019
                             Shri Rishi Kumar Dubey, learned counsel for the petitioner.
                             Shri   Devendra      Gangrade,     learned    Panel    Lawyer     for   the
                    respondent/State.

Heard on the question of admission.

By the instant petition, the petitioner is assailing the order passed by the Collector, Damoh on 26.02.2019 (Annexure P-7) whereby the application filed by the petitioner under Section 64 of the Right to Fair Compensation and Transparency in Land in Acquisition, Rehabilitation and resettlement Act, 2013 has been rejected. The same was rejected by the Collector on the ground that the application is barred by time.

On earlier occasion, this court has already held that the Collector cannot refused to refer the matter to the Competent Court under Section 64 on the ground that the same is barred by time.

Accordingly, this petition is allowed. The order of Collector is set aside and the matter is remitted back to the Collector to refer the matter of the petitioner to the appropriate forum for adjudicating the reference of the petitioner.

Certified copy as per rules.

(SANJAY DWIVEDI) JUDGE Tabish Digitally signed by MOHAMMAD TABISH KHAN Date: 09/08/2019 15:41:57