IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.138 of 2009 TABREZ ALAM son of Late Md. Lukman resident of village Nokha, P.S. Nokha, District Rohtas Versus 1. THE STATE OF BIHAR 2. District Land Acquisition Officer, Rohtas, Sasaram 3. Shah Jehan Begum daughter of Late Md. Lukman, wife of Md. Ali, resident of village Polpol Via Daltonganj, P.S. Daltonganj, District Palamu Jharkhand. ----------- 2 27/02/2009 The appellant aggrieved by the order dated 21.11.2008 passed by the learned Single Judge in C.W.J.C. No. 2226 of 2002 has preferred this appeal under clause 10 of the Letters Patent. The short facts giving rise to the present appeal are that the land belonging to late Md. Lukman, who happens to be the father of the appellant and respondent no. 3 herein, was acquired under the provisions of the Land Acquisition Act. The appellant claimed the entire compensation amount for the said acquisition, whereas the claim was also laid by respondent no. 3. According to the appellant he was entitled for the entire compensation on the basis of oral hibba said to have been made by his father. The authority decided that 2/3rd of the compensation shall be paid to the appellant and 1/3rd to respondent no. 3. Mr. Sanjay Sinha, appearing on behalf of the appellant submits that the authority ought to have accepted the oral hibba and should not have directed for payment of 1/3rd compensation to respondent no. 3. It is an admitted position that the appellant and respondent no. 3 are brother and sister. It is the appellant who had attempted to secure the entire compensation amount on the basis of oral hibba. For that it was for him to go to the appropriate civil court - 2 - for declaration that the said oral hibba is valid and operative. It is not in dispute that in view of the law of inheritance, respondent no. 3 was entitled to 1/3rd compensation. We are of the opinion that the consideration of the matter by the learned Single Judge is not in any way erroneous. We do not find any merit in this appeal. It is dismissed in limine. (C. K. Prasad, ACJ.) (Dharnidhar Jha, J.) AMIN