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1966 Supreme(Pat) 109

H.MAHAPATRA, A.B.N.SINHA
Mt. Sakalbaso Kuer – Appellant
Versus
Brijendra Singh – Respondent


Judgment

Mahapatra, J.

1. Those two applications in revision arise out of Land Acquisition cases Nos. 1094 and 1098 of 1960, pending before the Additional District Judge. Patna. An award was made in both the cases under Sec.11 of the Land Acquisition Act by the Collector of Patna in favour of one awardee in each case, hut persons other than in whose favour such award was made claimed before the Collector that the compensation was payable to them. In those circumstances, the Col lector made a reference under Sec.30 of the Land Acquisition Act (to be referred herein-after as the Act) to the Court. The last portion of his order is in the following terms:-

-

"This is a matter of dispute of civil nature, hence the matter is referred to the Dist Judge, Patna, for decision and payment of the awarded amount to the rightful persons."

It thus appears that as there was a dispute as to the persons to whom the awarded compensation is payable, the Collector made the reference in these two particular cases to the Court for decision.

2. The present petitioner made an application before the Court to be added as a party. Admittedly, she had not appeared before the Collector either at the lime when th














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