Kidwai, J. - (1.) In proceedings under the Land Acquisition Act about 873 acres of land belonging to the petitioner were acquired by the State and a sum of Rs. 1739/10/- was assessed as compensation. The petitioner made a claim for Rs. 75,000/- as compensation and eventually had the matter referred to the District Judge under Section 18, Land Acquisition Act. The District Judge held that the proper compensation was Rs. 5365/8/- but that, in view of the provisions of Section 25(2) of the Act he could award only Rs. 1739/10/- and he made an award to that effect.
(2.) The petitioner appealed but he confined his appeal to a sum of Rs. 46,000/-. In this Court on the date fixed for hearing, one of the learned counsel for the petitioner did not appear and the two who did appear stated that they had no instructions to press the appeal. The appeal was accordingly dismissed for want of prosecution on 6-4-1954 by a Division Bench.
(3.) On 8-4-1954 an application was presented under Order 41, Rule 17 and Section 151, C. P. C., through another counsel for restoration of the appeal to its original number. It was stated in this application that the applicant had no knowledge of the date of the hearing and that his counsel had given him no information with regard to it. This application was supported by an affidavit but it was dismissed by the same Bench on 19-7-1954, on the ground that no sufficient cause had been made out for a reconsideration of the matter.;