RADHAMADHAB DEV BIJE ARADIAPADADEITY REPRESENTED THROUGH MANAGING TRUSTEE SRI NANDAKISHORE MOHAPATRA Vs. LAND ACQUISITION OFFICER

JUDGEMENT

(1.) CLAIMANT under the Land Acquisition Act, 1894 (in short 'the Act ') is the Petitioner in these two Civil Revisions against the order of refusal to exercise power under Section 152, Code of Civil Procedure Code. Since common facts and common questions are involved, these two Civil Revisions are heard together with consent of parties and are disposed of in this common judgment.

(2.) LANDS of the claimant were acquired in two proceedings under the Act. While not disputing that the deity would be entitled to the amount awarded by the Collector, there was dispute as to who is the trustee of the deity to receive the compensation, references were made to the Court under Section 30 of the Act. Trial Court answered the references by finding that Nanda Kishore Mohapatra is the Managing Trustee, who is to receive the amounts of compensation.

(3.) MR . S. K. Patnaik, the learned Counsel for the Petitioner submitted that the trial Court failed to exercise the jurisdiction vested in him in view of the decision reported in Srinivas Sundar Das v. State of Orissa, I. L. R. 1972 Cutt. 222, which was rendered following the decision reported in Swaramayi Panigrahi v. Land Acquisition Collector : A.I.R. 1964 Ori 113. These decisions have been followed in Janjali Devi v. Tahasildar, Cuttack and Anr. : 40 (1974) C.L.T 501 and all the three decisions have been referred to in Land Acquisition Officer, Puri v. Biswanath Das, I.L.R. 1976 Cult. 73., 5. Mr. M, R. Mohanti, the learned Additional Standing Counsel submitted that the decisions of this Court were rendered in reference under Section 18 of the Act. They would not be applicable in case of a reference under Section 30 of the Act.