IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.4459 OF 2011 1. DINANATH SAHA 2. SRINATH SAHA 3. DEONATH SAHA, ALL SONS OF LATE SOMNATH SAHA, VILLAGE BEHARIGANJ POLICE STATION BEHARIGANJ, MADHEPURA. VERSUS DAYANATH SAHA SON OF LATE SOMNATH SAHA, VILLAGE BEHARIGANJ POLICE STATION BEHARIGANJ, MADHEPURA. ----------- 2 27.07.2011. Petitioners and sole respondent are own brothers. Case of the petitioners is that their father, namely, Somenath Saha purchased 6 acres of land in Mauza Behariganj in the district of Madhepura as well as 11 decimals of land in Mauza Haripur within Police station Murliganj from joint family fund in name of the sole respondent Dayanath Saha. A land acquisition proceeding was initiated for acquiring the land for construction of Agriculture Marketing Board in the year 1973. An award was prepared in the year 1981 in favour of the sole respondent who not being satisfied with amount of award filed objection giving rise to LA. Case No. 54 of 1981. The case was decreed in the year 2009 for a sum of Rs.52,42,211.27. The sole respondent filed execution case for payment of the amount. The cheque 2 was finally handed over to him on 31.1.2011. The petitioners state that the respondent now wants to usurp the entire award money, though all the brothers have equal share in compensation amount. The petitioners had no option but to file Title suit no. 286 of 2010 before Sub-judge I, Madhepura on 16.4.2010 and prayed that the award amount of Rs 52,42,211.27 equally be paid to all the four brothers. The petitioners also submit that they have filed injunction petition in the same court. Counsel for the sole respondent submits that the land acquired exclusively belongs to him and it does not form part of joint family property. Petitioners pray that till decision in the injunction petition sole respondent be restrained from withdrawing or disposing of the award money. In the facts and circumstances of the case, this Court would only observe that the injunction petition in Title suit no. 286 of 2010 be disposed of expeditiously within a period of four weeks from the date of receipt/production of a copy of this order. The writ petition stands disposed of. Let this order passed in Land Acquisition 3 Execution case no. 5 of 2009 be communicated to the court of Special Land Acquisition Judge cum Sub judge I, Senior Division, Madhepura through FAX at the cost of the petitioners. Shashi. (Samarendra Pratap Singh, J.)