JUDGMENT :

Shampa Sarkar, J.

1. The revisional application arises out of an order dated April 12, 2023, passed in LA 316 of 2004 by the Special Land Acquisition, First Court at Alipore, District 24 Parganas (South).

2. By the order impugned, the learned court allowed an application for addition of party filed by the opposite party no.2. According to the learned court, Smt. Ratna Mitra, the opposite party no.2 was a co-owner of the acquired land, but for some reason or the other, the Collector had taken Ashoke Kumar Roychowdhury, that is the predecessor of the petitioner, to be the exclusive owner of the land. Reference to Form-16 of the case record was made.

3. According to the learned court, as notices were not issued to anybody else apart from Ashok in connection with the acquisition proceeding, none of the co-owners including Ratna’s mother had the opportunity to seek a reference under Section 18 of the Land Acquisition Act, 1894 (hereinafter referred to as the said Act), within the stipulated time.

4. The court observed that as the notice of the award had not been served upon the other co-owners, (heirs of Sushil Kumar Roychowdhury) the application for addition of party should be