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1950 Supreme(Ori) 26

PANIGRAHI
SAMANTA RADHA PRASANNA DAS – Appellant
Versus
PROVINCE OF ORISSA – Respondent


Advocates Appeared:
S.C.PARIJA

PANIGRAHI, J.

( 1 ) THE petitioner is the owner of plot No. 42 in village Srikrishuapur measuring 14 and odd acres. This plot was acquired under Land Acquisition Act by the collector and an award was passed on 20-7-48. The petitioner was not present at the time the award was made. Notice of the award was accordingly issued under Section 12 (2), Land Acquisition Act, and was served upon the petitioner on 23-7-48. The petitioner was not satisfied with the compensation awarded and, therefore, filed his objection on 3-9-48 which was within the time prescribed under Section 18 (2) (b) of the Act. The Collector, however, overruled his objection and refused to make a reference to the Court of the District Judge under Section 18 (1) of the Act, on the ground that the objection was barred by time-It is against this order of refusal to make a reference that the petitioner has come up in revision to this Court.

( 2 ) IT is fairly well settled now that an order passed by the Collector, while acting under the Land Acquisition Act is not an order of a Court subordinate to this court and that his order is not open to revision under Section 115, Civil P. C. The petitioner has, therefore, applied


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