: 1 : IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.417 OF 2008 Mahadev Tukaram Nagane & Ors. .. Applicants V/s. The State of Maharashtra & Ors. .. Respondents Mr. Umesh Mankapure for the Applicants. Mr. A.R. Patil, AGP, for Respondent Nos.1 to 3. Mr. V.D. Patil for Respondent No.3. CORAM : SMT. NISHITA MHATRE, J. DATED : 21 ST NOVEMBER, 2009. P.C.: 1. The applicants have preferred the present Civil Revision Application against the order passed by the Special Land Acquisition Officer No.5, Solapur, on 30th January, 2006 refusing to refer the matter for adjudication under Section 18 of the Land Acquisition Act, 1984. The main grounds on which the application for a Reference under the Land Acquisition Act had been refused are : (i).that the application has not been submitted within a period of : 2 : six months from the date of the Award i.e. 29th March, 2001. (ii).that no proof had been submitted that the amount of compensation which had already been accepted by the present applicants had been accepted under protest. (iii).that no objection had been raised in accordance with Section 9(3) and (4) of the Land Acquisition Act, 1984. 2. Heard the learned Counsel for the parties. There is an obvious error in the order passed by the Land Acquisition Officer No.5, Solapur, and, therefore, by consent it is set aside. 3. The Land Acquisition Officer shall, therefore, make a Reference under Section 18 of the Land Acquisition Act. The Reference Court will consider : 3 : the issue of limitation while deciding the Reference as it has powers to do so, as observed in the judgment of this Court in the case of Shantaram Ganesh Shenoy v/s. Special Land Acquisition Officer, Ratnagiri, reported in 2006 (3) Mh.L.J. 781. 4. Accordingly, the Civil Revision Application is allowed. The impugned order passed by the Collector on 30th January, 2006 is set aside. 5. The Land Acquisition Officer, Solapur, shall make a Reference to the Court under Section 18 of the Land Acquisition Act. 6. The Reference Court will consider the issue of limitation while deciding the Reference. 7. The Land Acquisition Officer, Solapur, to send the Reference within a period of eight weeks from today. 8. All other contentions raised in this Civil Revision Application are kept open. .......