G. P. SHIVAPRAKASH, J. ( 1 ) THE lands of the petitioners situated in Siddanayakanahalli, Doddaballapur Taluk, Bangalore District, were acquired under the provisions of the Land Acquisition Act, 1894, for the purpose of construction of 220 KV Station for Karnataka Electricity Board pursuant to the notification dated 18-10-1994. Thereafter, an award dated dated 6-4-1995 has been passed as could be seen from copy of the notice dated 7-4-1995, marked as Annexure-B. According to the petitioners, the said notice was received by them in the second week of April, 1995. ( 2 ) IT appears on 1-7-1995 the petitioners submitted written applications to the third respondent in terms of the provisions of sub-section (1) of Section 18 of the Act requiring him to make reference to the Civil Court for determination of the amount of compensation. The third respondent by his endorsement dated 17-8-1995, copy of which is marked as Annexure-E has declined to consider their applications on the ground that they were not presented within the time prescribed. In the endorsement issued by the third respondent it is clearly stated that the petitioners made the applications on 1-7-1995. ( 3 ) THE provisions of Section 18 of the Act are set out below :"s. 18.- Reference to Court.- (1) Any person interested who has not accepted the award, or amendment thereof, may, by written application to the Collector, require that the matter be referred by the Collector for the determination of the Court, whether his objection be to the measurement of the land, the amount of the compensation, the persons to whom it is payable, or the apportionment of the compensation among the persons interested. (2) The application shall state the grounds on which objection to the award is taken :provided that every such application shall be made within ninety days from the date of service of the notice from the Deputy Commissioner under sub-section (2) of Section 12. (3) (a) The Deputy Commissioner shall, within ninety days from the date of receipt of an application under sub-section (1), make a reference to the Court. (3) (a) The Deputy Commissioner shall, within ninety days from the date of receipt of an application under sub-section (1), make a reference to the Court. (b) If the Deputy Commissioner does not make a reference to the Court within a period of ninety days from the date or receipt of the application the applicant may apply to the Court to direct the Deputy Commissioner to make the reference, and the Court may direct the Deputy Commissioner to make the reference within such time as the Court may fix. "the award is dated 6-4-1995. If the applications seeking reference were presented on 1-7-1995 there cannot be any doubt that the petitioners had presented the written applications seeking reference within 90 days. Therefore, the third respondent was obliged to make reference in terms of the aforesaid provisions. ( 4 ) CLAUSE (b) of sub-section (3) of Section 18 provides that if reference to the Court within a period of ninety days from the date of receipt of the application is not made, the applicant may apply to the Court to direct the Deputy Commissioner to make the reference and the Court may direct the Deputy Commissioner to make the reference within such time which the Court may fix. In the instant case, since the second respondent has refused to make reference, the appropriate course for the petitioners is to make application in terms of Section 18 (3) (b) to the Civil Court seeking reference. ( 5 ) THE learned Counsel for the petitioners, however, submitted that the aforesaid provision contemplates a situation where the officer concerned does not pass any order on the application seeking reference, and since in the instant case the applications have been rejected on the ground that they were time barred, the petitioners cannot in terms of clause (b) of sub-section (3) of Section 18 approach the Court. ( 6 ) THIS apprehension on the part of the petitioners is misconceived. From a bare reading of clause (b) of sub-section (3) of Section 18, it is evident that if the officer concerned does not make reference it is open to the applicants to apply to the Court to direct the officer to make reference. ( 6 ) THIS apprehension on the part of the petitioners is misconceived. From a bare reading of clause (b) of sub-section (3) of Section 18, it is evident that if the officer concerned does not make reference it is open to the applicants to apply to the Court to direct the officer to make reference. If reference is not made by the officer, attributable to his inaction on the application and not passing any order thereon or because he passes a specific order on the application refusing to make reference on some ground, in either case the aforesaid provisions are applicable. ( 7 ) THE petitioners may approach the Court under the provisions of the Act for necessary relief. ( 8 ) PETITIONS disposed off. Orders accordingly. --- *** --- .