MANOHAR PERSHAD, J.

( 1 ) IN this appeal, important questions of law, relating to the Hyderabad Land Acquisition Act are involved. The questions involved are: (1) Whether under a reference made to the Court under Section 25 of the said Act, that Court could question the legality of the reference; and (2) Whether a party, who had not appeared before the Collector and whose name is not mentioned in the reference, could claim compensation? so far as the first point is concerned, in the case of Kantimahanthi Ramamurthy and another v. Special Deputy Collector, Harbour Acquisition, Vizagapatam it has been held that the land acquisition court has no jurisdiction under the act to consider the legality of the acquisition or of the reference, whereas a bench of the Mysore High Court in the case of Boregowda v. Subbaramaiah held that the Court can go behind the reference and see whether it is competent. As there is no bench decision of this court and both the points involved are important questions of law, I think it is better if the case is decided by a Bench. I therefore refer the case to a Bench.

( 2 ) THIS appeal has been referred to the Bench by our learned brother Manohar pershad, J. as

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