IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6067 OF 2009 OM PRAKASH, SON OF LATE MATHURA PRASAD, RESIDENT OF VILLAGE SAMASSPUR, POLICE STATION FATUHA, DISTRICT PATNA VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR -CUM- DISTRICT MAGISTRATE, PATNA 3. THE LAND ACQUISITION OFFICER, PATNA SADAR, DISTRICT & TOWN PATNA …………………………………………………………………..RESPONDENTS ********** 6 29/07/2009 Nobody appears on behalf of the petitioner. The award was prepared in the name of Late Mathura Prasad who died on 03.02.1987. The petitioner is the heir of Late Mathura Prasad. At the time of payment of the award, one Sumitra Devi and her two sons appeared before the Land Acquisition Officer and filed objection claiming that they were also co-sharers and entitled to the award amount. It is stated in the petition that Title Suit No. 101 of 1985 was filed by Sumitra Devi before the subordinate Judge 1, Patna which was transferred to the Subordinate Judge II, Patna City, Patna stood dismissed on 16.02.2002. Misc. Case No. 12 of 2003 was also filed before the Subordinate Judge II, Patna City to restore the Title Suit No. 101 of 1985 which was also dismissed on 13.01.2007. 2 The stand of the State, on the other hand, is that on objection of Sumitra Devi, the matter was referred under Section 18 of the Act to the Land Acquisition Judge, Patna vide Reference Case No. 7 of 1982-83. It appears from the records that the reference case is still pending. The Collector, Patna may examine the representation filed on behalf of the petitioner annexing the judgment passed in the Title Suit No. 101 of 1985 and the order passed in Misc. Case No. 12 of 2003 and if the Land Acquisition Judge has not disposed of the reference, forward the same to the Land Acquisition Judge so that he may take proper steps in the matter or in case the Land Acquisition Judge has already passed the order to decide the matter with respect to payment of the award after perusing the order passed by the Civil Court. This writ application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )