IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14733 of 2010 1) Jeewan Kumar Rai, son of Late Surya Narayan Rai, 2) Mahipati Rai, son of Late Ganrup rai, 3) Rotish Kumar Rai, son of Late Shakti Kumar Rai, village Bhaptiahi, PS Laukahi, Anchal Ghoghardiha, Dist. Madhubani – Petitioners. Vs 1) The State of Bihar through the Secretary, Land Acquisition Department, Bihar, Patna. 2) The Collector, Madhubani. 3) The Dist. Land Acquisition Officer, Madhubani. 4) The Subdivisional Officer, Phulparas, Dist. Madhubani. 5) The Circle Officer, Ghoghardiha Block, Dist. Madhubani – Respondents. 2 6.9.2010 In this case notices have been issued to the petitioners to remove the encroachments on plot nos. 1390 / 2086 (new), Khata no. 20 / 103 (new), area .1 decimals in village Bhaptiahi within Laukahi police station in Madhubani district for the purpose of laying down the link road in Land Acquisition Case No. 1/2005. The petitioners claim that they are a co-sharers and that notices were never issued to them, rather, award has been prepared in favour of Ram Sundari Devi. The petitioners have annexed letter no. 419, dated 16.6.2010 apparently issued by the Anchal Adhikari to the Additional Collector after the issuance of notice to remove the encroachment. The Land Acquisition Officer ought to have conducted an enquiry before the preparation of the award. The petitioners have filed an objection to the award which has been referred under section 18 of the Act to the court for a decision in the matter. The petitioners would be entitled to raise the issues 2 before the court where the reference is pending. The Special Judge, Land Acquisition, Madhubani is directed to dispose of the reference as early as possible and both the parties shall cooperate in the matter. In the mean time obviously as provided under the Act, the award money should be deposited in the court of the Land Acquisition Judge. This writ petition is disposed of with the aforesaid observations. haque ( Sheema Ali Khan, J.)