Aparesh Kumar Singh, J
By the impugned order dated 12.02.2021, the learned District Judge, Khowai, Tripura has condoned the delay of 5151 days in restoring the Misc(LA) No.09/2004 which was instituted on a reference made by the Collector under Section 18 of the Land Acquisition Act, 1894 on being satisfied with the cause shown for such delay i.e. the death of the learned counsel representing the petitioner.
Mr. S. Lodh, learned counsel for the respondent, has straightaway relied upon the decision rendered by the Apex Court in the case of Khazan Singh (Dead) by Lrs. v. Union of India reported in (2002) 2 SCC 242.
On consideration of rival submission of the parties and the pleadings on record, having regard to the ratio laid down by the Apex Court in the case of Khazan Singh (supra), no interference is required to be made in the impugned order as the learned referral Court was required to determine the reference made under Section 18 of the Land Acquisition Act, 1894.
Petition is dismissed. Pending application(s), if any, shall stand disposed of.
