IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.409 OF 2009 AKHILESH KUMAR, SON OF LATE BANSHILAL, RESIDENT OF VILLAGE SANJHAULI, POLICE STATION SANJHAULI, DISTRICT ROHTAS ..PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR, ROHTAS 3. THE ADDITIONAL COLLECTOR, ROHTAS 4. THE DISTRICT LAND ACQUISITION OFFICER, ROHTAS …………………………………………………………………………..RESPONDENTS ********** 2 30/07/2010 The petitioner has challenged the order dated 22.08.2002 by which the Land Acquisition Officer, Rohtas has rejected the application of the petitioner under Section 18 of the land Acquisition Act on the ground that it is time barred. The undisputed facts are that a general award was prepared on 17.04.2002. Notice was issued to the petitioner on 18.04.2002. It is recorded in the order dated 24.07.2002/14.08.2002 that the Process Server reported that “ukeh O;fDr ls eqykdkr ugha gqvk”. The petitioner thereafter enquired into the matter and came to know about the award and notice and appeared suo motu and received the notice on 12.06.2002 and thereafter filed his objection with respect to the compensation of the valuation of the land on 20.07.2002. Considering the aforesaid facts, it is apparent that the petitioner has filed his objection within time i.e. within six weeks on receipt of the notice and six months 2 within preparation of the award. Recently, in a decision in the case of Bhagwan Das vs. State of U.P., reported in 2010 (3) SCC 545, the Apex Court has held that the limitation period seeking reference to a Court under Section 18 should be interpreted from the date of the knowledge, otherwise the entire procedure would become unfair and discriminatory and violative of Article 14 and 300A of the Constitution of India. Considering the aforesaid facts, the order dated 22.08.2002 is set aside and a direction is issued to the Land Acquisition Officer, Rohtas and the Collector, Rohtas to refer the matter under Section 18 of the Land Acquisition Act to a Court for decision within a period of one months from the date of receipt/production of a copy of this order. This application is allowed in the terms aforesaid. Anand ( Sheema Ali Khan, J. )