Short Note : 1. Disputed lands were acquired under the Land Acquisition Act. Plaintiff alleged that no award for payment of compensation was made in respect of that land. The plaintiff prayed that a mandatory injunction be issued against the defendant State compelling it to make an award under the Land Acquisition Act. Held : In this appeal the only contention raised before the Court is that an award made under the Land Acquisition Act is not final until a notice under section 12 is issued by the Collector and as no such notice was issued, there was no award. The point that no notice under section 12 was issued was never raised in the plaint or at any stage in the trial Court and this point cannot be allowed to be raised for the first time in appeal. In the opinion of this Court, therefore, the trial Court was right in dismissing the suit. This Court may also observe that it is difficult to understand as to how the suit in the form in which it was brought was maintainable. The statutory duty to make an award under the Land Acquisition Act is laid upon the Collector and not upon the State. A mandatory injunction, could not have been issued against the State for making an award. Appeal dismissed.