BAHARUL ISLAM,J. - (1.)THIS application under Article 226 of the Constitution of India is directed against the order of the Collector (respondent No. 2) refusing to make a reference under Section 18 (1) of the Land Acquisition Act of 1894 (hereinafter called the 'Act'). The impugned order is at Annexure A/14.
(2.)THE material and admitted facts are as follows :
There was a Land Acquisition Proceeding in which certain area of land was acquired by respondent No. 2. One of the claimants was the present petitioner. His claim was that he had purchased the land. His objection, however, was rejected by the Collector by his order dated 21-6-1972 holding that be had no interest in the land on the finding that the purchase was not proved. Subsequently also by another order dated 10-4-1973, the Collector held that the petitioner failed to prove his title to the land in question. Thereafter, the Collector made the award by his order dated 18-6-1973. On 3-12-1973, the petitioner made an application under Section 18 (1) of the Act. But, as stated above, the Collector rejected the application holding that the petitioner had no interest in the land, by his impugned order.

The petitioner submits that the Collector had no jurisdiction to hold that the petitioner had no interest in the land and illegally refused to make reference under Section 18 of the Act.

(3.)THE material portion of Section 18 (1) reads as follows :
"18 (1) Any person interested who has not accepted the award may, by written application to the Collector, require that the matter be referred by the Collector for determination of the Court, whether his objection be .................. the persons to whom it is payable, .................."