IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15150 of 2007 1. Mithilesh Kumar Sah, son of Late Baij Nath Sah, 2. Umashankar Sah, son of Late Fulchand Sah, 3. Suryanand Sah, son of Late Fulchand Sah, 4. Binod Kumar Sah, 5. Manoj Kumar Sah, son of Late Gopal Sah, all of Dakshin Maheshwari, PS Jogbani, District Araria – Petitioners. Vs. 1. The State of Bihar, 2. The Collector, Araria. 3. The District Land Acquisition Officer, Araria. 4. Bhagwan Lal Sah, son of Late Kusum Lal Sah, 5. Yugeshwar Paswan, both of Dakshin Maheshwari, PS Jogbani, District Araria – Respondents. 4 6.7.2010 Heard learned counsel for the petitioners and the counsel appearing on behalf of the State. This writ petition has been filed challenging the orders contained in Annexures 3 and 4 passed by the Land Acquisition Officer, Araria by which it was found that the respondents by virtue of the entry of their names in the survey records are entitled to receive the award amount. The petitioners’ case is that they are the owner of the lands in question and have purchased the property and that they have filed a title suit in which injunction was granted against the respondents. The suit was filed for correction of the survey entries. It appears that the suit abated under section 4© of the Consolidation Act. The case of the respondents is based on the fact that their names are recorded in the revenue records. In any event it is apparently clear that there is a dispute with respect to title over the said land. The petitioners claim to be in possession of the lands. 2 In the facts of this case I think it proper that the petitioners should file an application under section 18 of the Act before the Collector for reference of this matter to the civil court to determine the title / possession with respect to the lands which is the subject matter of this case (Land Acquisition Case No. 5 of 2007-08). The Collector should dispose of the application filed under section 18 of the Act within a period of one month from the date of receipt / production of a copy of this order. This writ petition is disposed of with the aforesaid observations. haque (Sheema Ali Khan, J.)