IN THE HIGH COURT OF HIMACHAL PRADESH SHIMLA CMPMO No.251 of 2006 Date of decision: 07.03.2008. Narpat and another …..Petitioners -Versus- Dev and others ….Respondents Coram: The Hon’ble Mr.Justice Deepak Gupta, Judge. Whether approved for reporting? No For the Petitioners: Mr.Rajiv Jiwan, Advocate. For respondents: Mr.N.K. Thakur, counsel for R-1 to 8 Mr.R.K.Gautam, Senior Advocate with Mr.Naveen Bhardwaj, Advocate for R-9. Mr.R.M.Bisht, Dy.A.G. for R-10. Deepak Gupta, J(oral) This petition under Article 227 of the Constitution of India has been filed by the present petitioners praying that the order dated 8.5.2006 , Annexure P-9 passed by the learned Land Acquisition Collector, Bilaspur be set-aside and the Land Acquisition Collector, Kol Dam be directed to disburse the amount of compensation to the petitioners in terms of the judgment of the Senior Sub Judge, Bilaspur dated 16.6.1987 in Civil Suit No.89/1 of 1986 titled Bangali vs. Dev and others. This litigation has a rather chequered history. Admittedly, Civil Suit No.89/1 of 1986 was filed by one Bangali (respondent No.9 herein) against the present petitioners and respondents 1 to 8 herein. In that suit a decree was passed to the following effect: “…..The plaintiff as such is entitled to half share in the suit land, defendants Nos.1 to 4 are entitled to 1/8th share, defendant No.5 is entitled to 1/8th share and defendants No.6 to 10 are entitled to 1/4th share in the suit land comprised in khasra Nos.336, 354, khewat 2 No.79, Khatauni No.88, land measuring 39-16-0 bighas and khasra Nos.310, 317, 324, 328, 355 and 356 khewat No.77 khatauni No.86 land measuring 75-2-0 bighas situated in village Kasol Pargana and Teh. Sadar Distt.Bilaspur.” As per this decree, petitioner Krishani jointly alongwith Dev, Nikka, Sunder was held entitled to 1/8th share and petitioner Narpat was also held entitled to 1/8th share. Appeal against this judgment and decree was filed by Dev, Nikka, Sunder, Dila Ram, Chintu Ram, Ishwar Dass and Roshan Lal i.e. respondents 1 to 5, 7 and 8 herein. Bangali was the respondent in the appeal. The petitioners were respondents 3 and 4 and Roshan Lal was respondent No.2 in the said appeal. The said appeal was disposed of in terms of a compromise. The compromise was effected between Dev, Nikka, Sunder, Dila Ram, Chintu, Ishwar Dass and Roshan Lal as well as proforma respondent Ram Lal with Bangali. Both the petitioners were not party to the compromise. Shri Rajiv Jiwan, learned counsel for the petitioners has strenuously urged that since the petitioners were not party to the compromise the same was not valid and effective and their rights cannot be affected by the said compromise. It appears that the land in question was acquired under the Land Acquisition Act. Disputes arose with regard to the share of the present petitioners. The learned Land Acquisition Collector has held that there is an intricate question of law involved with regard to the share of Dev, Nikka, Sunder vis-à-vis Krishani and Narpat which cannot be decided in a summary manner and needs to be referred to the Civil Court. I find no error in the order of the learned Land Acquisition Collector. He has rightly held that he cannot decide these intricate questions of law. The remedy of the petitioners does not lie before the Revenue Courts and if they have to succeed they must get the decree passed in appeal set-aside. This cannot be done in proceedings 3 under the Land Acquisition Act or even under the Revenue Act. The remedy of the petitioners lies somewhere else. This petition is therefore rejected. I would hasten to add that this Court has not expressed any opinion on the merits of the claim of either party and the petition has been disposed of only on the ground that the remedy of the petitioners lies before some other authority. The parties can raise all contentions available to them in such proceedings which may be availed by the petitioners. CMP No.505 of 2006: In view of the disposal of the main petition, this application is also disposed of. March 7, 2008. ( Deepak Gupta ), PV Judge