IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.6328 OF 2006 SUNIL SINGH @ SUNIL KUMAR SINGH, SON OF LATE SUKHDEO NARAYAN SINGH @ SUKHDEO SINGH, RESIDENT OF VILLAGE LAXMIPUR, POST OFFICE RAILY, POLICE STATION PANDARAK, DISTRICT PATNA …….PETITIONER VERSUS 1. THE STATE OF BIHAR 2. THE DISTRICT LAND ACQUISITION OFFICER, PATNA 3. THE CIRCLE OFFICER, PANDARAK, BARH, PATNA 4. MOSMAT CHANDRI DEVI, WIDOW OF LATE BALDEO SINGH, RESIDENT OF VILLAGE LAXMIPUR, POLICE STATION PANDARAK, DISTRICT PATNA …………………………………………………………………………….RESPONDENTS ******** 4 30/07/2010 In Land Acquisition Case No. 16 of 2001-02, notices were issued to the petitioner to receive the award amount on 29.10.2003. An application was filed on behalf of respondent no. 4 Mosmat Chandri Devi, widow of Late Baldeo Singh, raising a claim that she was the person entitled for the payment of 80 per cent of the award amount. This Court issued notice to respondent no. 4. However, nobody has appeared in response to the said notice. In the mean time, it appears that on 22.03.2005, an order has been issued by the District Land Acquisition Officer, Patna for making payment of 80 per cent of the award amount to respondent no. 4 on the basis of a report as contained in Annexure-9. The report indicates that khata nos. 71 and 72 were recorded in the name of the petitioner and subsequently, plots of khata 2 no. 71 also came to be recorded in the name of respondent no. 4. Learned Counsel for the petitioner submits that the said entry in the name of respondent no. 4 in Register-II was made without any notice to him and it is only during the pendency of the land acquisition proceeding that he came to know about this fact. In any event, where there is a dispute with respect to apportionment of the land or title, it would have been proper for the matter to have been referred for a decision to the Court under Section 18/30 of the Land Ceiling Act. I, therefore, direct that the matter should be referred under Section 18/30 of the Land Acquisition Act to the Court for a decision in the matter as the dispute revolves round the title of the parties. It is further directed that if the payment of 80 per cent of the award amount has not been made, it would remain stay until the dispose of the case under Section 30 of the Land Acquisition Act. The Collector, Patna is directed to refer the matter under Section 18/30 of the Land Acquisition Act within a period of one month from the date of receipt/production of a copy of this order before him. Needless to say that both parties should be 3 heard by the Court, to which the matter has been referred to, to end the controversy in question. This application is disposed of with the aforesaid observations and directions. Anand ( Sheema Ali Khan, J. )