BHAJANI LAL Vs. SECYOF STATE

JUDGEMENT

(1.) This reference arises from an application under Section 115, Civil P.C. for the revision of an order passed by a Collector under Section 18, Land Acquisition Act 1894, refusing to make a reference to the Court of the District Judge.

(2.) A preliminary objection was raised that the High Court has no jurisdiction to revise the order as it is not an order passed by a Court subordinate to the High Court. The Division Bench before which the application was heard was of the opinion that the case raised a substantial question of law requiring an authoritative pronouncement and accordingly directed the case to be laid before the Hon ble Chief Justice for the constitution of a larger Bench.

(3.) Some land belonging to the applicant was acquired under the Land Acquisition Act. The Collector made an award. The applicant refused to accept the award on the ground that the compensation offered was quite inadequate and sent an application to the Collector requiring him to refer the matter under Section 18 to the civil Court for determination. The Collector passed the following order dated 17 October 1930: This application was received by post in contravention of Rule 2, Board Circulars 2-6 and is unstamped. No action can therefore be taken upon it. Rejected and filed. Inform applicant.