An order of the Civil Court on a reference under S. 30 of the Land Acquisition Act is not an award within the meaning of S. 54 of the Act, and an appeal from such an order lies to the District Court and not to the High Court.

AMARESWARI RAMANUJULU NAIDU, J.

( 1 ) IN these S. R. Nos. , the question that falls for consideration is whether the appeal preferred by the appellants under S. 54 of the Land Acquisition Act is maintainable. The value of the appeal is Rs. 10,049. 38 ps.

( 2 ) THE present appellant is the Dy. Director of Agriculture, Khammam. He filed an application before the Collector under the Land Acquisition Act for payment of a sum of Rs. 10,049-38 ps. awarded towards compensation for acquisition of certain lands. According to him the lands belong to the third claimant therein who had misappropriated a sum of Rs. 4,00,000. 00 and odd while he was in service and hence in recovery of the said amount that is appropriated he is entitled for the same. The case of the first claimant was that the lands, which were acquired and in respect of which compensation was determined by the Collector under S. 11 do not belong to the third claimant, but belong to him. As a result of the dispute with regard to the apportionment of the amount on the basis of the title of the property, the Land Acquisition Officer made a reference to the Court under S. 30 of the Land Acquisition Act. On such reference the matter was taken on file as O. P. No. 62 of 1976 by the Subordinate Judges Court, Khammam who held that the first claimant is the owner of the property and hence entitled to the amount in question. Aggrieved by the said appeal is filed by the Deputy Director of Agriculture, Khammam under S. 54 of the Land Acquisition Act in this Court.

( 3 ) THE office has raised an objection that the appeal is not maintainable in this Court in view of the fact that the value of the appeal is less than Rupees 15,000/- and since the order of the lower Court is a decree within the meaning of S. 96 of Civil P. C. the appeal lies only to the District Court under S. 17 (1) (ii) (a) of the Andhra Pradesh Civil Court Act. In these circumstances the matter is referred to the Court for opinion.

( 4 ) THE question that arises for consideration is whether the provisions of S. 54 of the Land Acquisition Act are attracted in the instant case. It is not in dispute that the order of the lower Court in the instant case deciding as to who is the person that is entitled to the amount on a reference under S. 30 of the Land Acquisition Act is a decree of the Court. Under S. 96 of the Civil P. C. an appeal shall lie from every decree passed by any Court exercising original jurisdiction to the Court authorised to hear appeals from the decisions of such Courts. Then the question is, to which Court does the appeal lie in the instant case. Under S. 17 of the Andhra Pradesh Civil Courts Act an appeal shall, when it is allowed by law, lie from any decree or order in a civil Suit or proceeding of the Court of the Subordinate judge to the District Court when the amount or value of the subject-matter of the suit or proceeding is not more than Rupees 15,000/ -. Thus it is clear that when the value of the subject-matter of the suit or proceeding is less than Rs. 15,000. 00 an appeal lies only to the District Court. But Mr. Rama Swamy, the learned Government Pleader appearing for the appellant contends that by virtue of the non obstinate clause in S. 54 of the Land Acquisition Act all appeals in respect of order passed under the Land Acquisition Act lie only to the High Court irrespective of the valuation and hence even though under S. 17 of the Civil Courts Act an appeal lies to the District Court the valuation being less than Rs. 15,000. 00 in this case the appeal being from an order passed under the Land Acquisition Act the appeal lies only to the High Court. Section 54 of the Land Acquisition Act read thus:---"54. Appeals in proceedings before Court: Subject to the provisions of the Code of Civil Procedure, 1908 , applicable to appeals from original decrees, and notwithstanding anything to the contrary in any enactment for the time being in force an appeal shall only lie in any proceedings under this Ac

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