IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5247 of 2009 MOSOMAT GAURI ROY, WIDOW OF LATE BISHWANATH RAI, RESIDENT OF VILLAGE DEO TOLA BARAI BIGHA, P.O. & P.S. DEO, DISTRICT AURANGABAD ----- PETITIONER Versus 1. THE STATE OF BIHAR 2. THE DISTRICT MAGISTRATE, AURANGABAD 3. THE SPECIAL LAND ACQUISITION OFICER, SONE YOJNA, AURANGABAD 4. THE LAND REFORMS DEPUTY COLLECTOR, AURANGABAD 5. THE ANCHAL ADHIKARI, DEO, DISTRICT AURANGABAD 6. PRAFULLA RAI, SON OF LATE CHANDRIKA RAI 7. KALAWATI DEVI, WIFE OF LATE CHANDRIKA RAI RESPONDENT NOS. 6 AND 7 RESIDENT OF VILLAGE DEO, P.O. & P.S. DEO, DISTRICT AURANGABAD. ----- RESPONDENTS. ----------- 2 24.9.2010 This writ application has been filed by the petitioner claiming that he is a co- sharer of Khata No. 436, Plot No. 2800 having an area of 1.86 decimals and Plot No. 2852 having an area of .39 decimal. The petitioner filed an application before the Special Land Acquisition Officer, Sone Yojna, Aurangabad to refer the matter under Section 30 of the Land Acquisition Act on 4.12.2008 and again on 9.7.2008. A prayer has been made in this case that the compensation amount may not be paid to respondent nos. 6 and 7 without deciding the title of the parties. The notice under the Land Acquisition Act was issued to respondent no. 6 only. The petitioner may raise the issues 2 as raised in the writ application before the Collector/Land Acquisition Officer, Aurangabad, who after issuing notice to respondent nos. 6 and 7 and on being satisfied that there is prima facie dispute with respect to title, should refer the matter under Section 30 of the Land Acquisition Act to the Civil Court to decide the apportionment of the land. This writ application is disposed of with the aforesaid observations. Sanjay ( Sheema Ali Khan, J.)