CHINTADA KASIVISWANADHAM Vs. BERHAMPUR

JUDGEMENT

(1.) THE petitioners are some of the residents of village Komapalli within the Municipality of the Berhampur town. THE deity Shri Baidyanadheswaraswami, installed in that village, owned some lands which were the subject-matter of a land acquisition proceeding conducted by opposite party No. 1 as Collector under the Land Acquisition Act (1 of 1894). Before opposite party No. 1, the petitioner, amongst some other villagers, claimed to be entitled to the compensation on behalf of the deity, whereas opposite party No. 2 was the rival claimant. THE Land Acquisition Collector, after an elaborate enquiry, decided in favour of opposite party No. 2 and against the petitioners. THE petitioners, on the very day the award was passed, filed a petition under S. 18 of the Land Acquisition Act, requiring a reference of the matter for determination of the Court (Court of the District Judge). THE Collector rejected the petition observing :

(2.) IT may be noted at the outset that if a Collector declines to make a reference under S. 18 of the Land Acquisition Act, there is no provision in the Act to compel him to do so, and so the petitioners are entitled to any appropriate remedy in a writ petition. IT was held in Samanta Radha v. Province of Ori, AIR 1952 Ori 98 :