Raj Kishore Prasad, J.

1. This application, on behalf of the petitioner, arises out of Land Acquisition Reference No. 136 of 1955, pending before Mr. Anant Singh, District Judge at Patna, against his order dated 29-6-55, by which he has disallowed- the petitioner from adducing evidence to substantiate his claim as shikmidar in the land under reference.

2. The facts may be shortly stated thus: Municipal survey plot No. 1403 having an area of 3.674 acres in mauza Kazipur, tauzi No. 138 in the district of Patna,. was the subject-matter of a land acquisition proceeding, which was registered as Land Acquisition case No. 11/8 of 1952-53, before the Collector of Patna, Notices under Section 9, Land Acquisition Act were served, and in pursuance of such a notice the petitioner on 29-10-1954 filed an objection claiming, in the prayer portion, that he should be given compensation for the trees and well standing on the land, but in para 1 of the petition he also mentioned that he was in cultivating possession of the land for the last 60 or 65 years on payment of rent.

On 5-11-1954 the Collector made his award under Sec.11 of the Act. in which he mentioned three persons, namely, Sheogob