MOHAMED IBRAHIM SAHIB Vs. LAND ACQUISITION OFFICER BHIMAVARAM

JUDGEMENT

(1.) These civil revision petitions arise out of proceedings for the acquisition of some plots of land for the use of a college In Bhimavaram, West Godavari District. We disposed of on the 21st of February, 1957 certain appeals arising out of a reference made to the Sub-Court, Narasapur by the Land Acquisition Officer concerned with that acquisition. In the same judgment whereby he disposed of the reference, the learned Subordinate Judge also dealt with four interlocutory applications, ope of them unnumbered, presented by certain persons who had not sought a reference from the Collector to the court under S. 19 of the Land Acquisition Act.

(2.) I. A. No. 896 of 1950 was filed by one Mohammad Ibrahim Sahib who claims a 2/9ths share in certain of the plots acquired. He is the brother of Mohammad Osman Saheb the claimant in I. A. No. 888 of 1950. I. A. No. 888 of 1950 was one of the several petitions filed by the claimants for enhanced compensation. Osman Saheb's claim also was referred to the court. The 1st petitioner in Civil Revision Petition No. 238 of 1952 before us however did not seek and obtain a reference to the court of his claim for higher compensation. When the reference was pending before the Sub-Court, Narasapur, he filed I. A. No. 896 of 1950 and his prayer in that petition was in these terms:

(3.) These alternative prayers were based upon the following allegations: He did not receive notice either under S. 9 or S. 12 of the Land Acquisition Act and became aware for the first time of the acquisition proceedings only after the receipt of a notice from this Hon'ble Court to take the money lying in deposit after producing the necessary record of title According to him, as the matter was pending before the Court by the application put In by his brother, a co-owner with the petitioner and as he was a person interested In the objections filed by his brother, the Court was competent under the circumstances to grant either of the prayers. The other petitioners In the Civil Revision Petition who were four in number are the sisters of the petitioner and his brother Osman Saheb and each lays claim to a ninth share in the same items.