A civil revision lies against an order of the Collector refusing to make a reference under Section 18 of the Land Acquisition Act, 1894.

G. K. MISRA, J.

( 1 ) THE disputed land measuring 1. 01 acre was acquired. The petitioner claimed the entire disputed land as belonging to him. The Land Acquisition Officer negatived his claim and held that the opp. parties were entitled to compensation. The award was prepared and signed on 12-12-64. On 15-12-64 the petitioner filed an application praying that the matter may be referred by the Collector to the District judge for determination of the person to whom the compensation is payable. The land Acquisition Officer in his order dated 29-12-64 held that the petitioner failed to establish that he had any interest in the acquired property. The revision is filed against this order refusing to make a reference under Section 18 of the Land acquisition Act, 1894 (hereinafter referred to as the Act ).

( 2 ) MR. Ranjit Mohanty contended that the petitioner is a "person interested" within the meaning of the expression in Section 3 (b) of the Act and that the Land acquisition Officer acted in excess of his jurisdiction in recording a finding that the petitioner had no interest in the land and in rejecting his application for reference on that finding without leaving the matter to be determined by the competent court under Section 18 of the Act. Mr. K. C. Mohanty, on the other hand, contended that the petitioner's name did not occur in the award and, as such, he could claim a reference only under Section 30 and not under Section 18 of the Act and that against an order refusing to make a reference under Section 20, no civil revision lies. Mr. J. K. Mohanty contended that in Title Suit No. 392 of 1942, decided on 25-10-43, the title of Satyabadi Das as against Bharat Chandra Pani, ramchandra Pani and Luxman Pani, the predecessors-in-interest of Kasinath Pani (Opp. Party-1), was negatived; as the petitioner derived title from Satyabadi Das, he is bound by the previous decree and his present claim is frivolous. As such, he is not a person interested to ask for a reference under Section 18. All these contentions require careful examination.

( 3 ) SECTION 3 (b) of the Act defines "a person interested" thus -

"3. In this Act, unless there is something repugnant in the subject or context -(a) x x x x x (b) the expression ''person interested" includes all persons 'claiming an interest' in compensation to be made on account of the acquisition of land under this Act: and a person shall be deemed to be interested in land if he is interested in an easement affecting the land. "

The underlined (here in ' ') expression "claiming an interest" puts emphasis on laying a claim. On investigation the claim may be true or fictitious. The Land acquisition Officer would accept a true claim and not a fictitious one. He is, however, not the final authority to dispose of the claim if a reference under S 18 is sought. The nature and character of the claim is to be finally determined by the competent Court to whom the reference is made under Section 18. Doubtless it was open to the Land Acquisition Officer to examine in the first instance whether the petitioner had a true claim to be accepter on the basis of which compensation was payable. But once the petitioner's claim was negatived and he did not accept the award, reference at his instance, is bound to be made by the Land Acquisition officer under Section 18 and cannot be rejected on his own finding that the claim is fictitious. Refusal to make a reference on his own finding that the claim is fictitious is denying the exercise of a jurisdiction vested in him under Section 18. The identical argument was advanced before a Bench of this Court in 26 Cut LT 552 = (AIR 1961 Ori 39) Chintada Kasiviswanadham v. Sub Collector, Berhampur. Their Lordships held that it is not open to the Collector to decide an application under Section 18 on the merits of the objections raised therein and then refuse to refer the matter to the Civil Court.

( 4 ) SECTION 18 of the Act runs thus, so far as relevant -

"18 (1)--Any person