CW-6958/09-LRs of late Maharwal Shri Chandraveersingh Vs. State of Raj. Judgment dt.20.7.09 1/2 S.B. CIVIL WRIT PETITION NO.6958/2009 LRs of late Maharwal Shri Chandraveersingh Vs. State of Rajasthan. Date of order : 20th July, 2009 HON'BLE DR. JUSTICE VINEET KOTHARI Mr. R.K. Purohit for the petitioners. ------- 1. This writ petition is directed against the order dated 18.4.2009 whereby the learned trial court, dealing with the reference under Section 18 of the Land Acquisition Act, 1953, refused to take on record the affidavit of expert valuer about the valuation of the land in question which was acquired by the respondent-State. 2. Learned counsel for the petitioner submits that the learned trial court has erred in refusing to take the evidence in the form of affidavit of expert on record and rejecting the application with cost of Rs.100/- though there was no deliberate delay in producing the said affidavit of the expert. 3. A perusal of the impugned order particularly at page 3 indicates that the learned trial court has proceeded on assumption CW-6958/09-LRs of late Maharwal Shri Chandraveersingh Vs. State of Raj. Judgment dt.20.7.09 2/2 rather than the actual facts of the case and has rejected the application assuming that if more than 10 adjournments are granted for cross- examination of the said witness that would further delay the conclusion of the reference proceedings. It appears that the learned trial court has not appreciated that while dealing with Reference under Section 18 of the Act, the expert valuer's evidence was of great significance and rejection of his affidavit could seriously prejudice the merit of the case of the applicant. 4. Consequently this writ petition is disposed of by setting aside the orders dated 5.3.2009 and 18.4.2009 with a direction to the learned trial court to take on record the affidavit of the expert valuer filed by the applicant and proceed further in accordance with law. Copy of this judgment be sent to the opposite party as well as to learned trial court. [ DR. VINEET KOTHARI ], J. item No.23 babulal/