IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8334 of 2007 1. SHASHI KANT PATHAK, S/o Late Ramashish Pathak, Resident of Village –Patkholia, PO Saraiya Gopal, PS Patho, District East Champaran (Motihari) 2. Anil Kumar Pathak, S/o Shri Shashikant Pathak, Resident of Village – Patkholia, PO Saraiya Gopal, PS Patho, District East Champaran (Motihari) ..Petitioners Versus 1. THE STATE OF BIHAR 2. The Collector, East Champaran, Motihari 3. The District Land Acquisition Officer, Motihari 4. The District Development Officer, Motihari, East Champaran 5. The Additional Collector, East Champaran, Motihari 6. The Deputy Collector, Legal Cell, Motihari, East Champaran 7. The Circle Officer, Patahi, East Champaran ….Respondents ----------- 07- 10.2.2009 Heard Mr. Prabhakar Dwivedi for the petitioners, and Mr. Anshuman Singh, learned AC to AAG III. The land of the petitioners have been acquired under the provisions of the Bihar Land Reforms (Fixation of Ceiling Area and Acquisition of Surplus Land) Act. Aggrieved by the amount of compensation determined by the learned Acquisition Officer and such other matters, petitioner no.2 filed an application under Section 18 of the Act before the learned Collector of the district, East Champaran, Motihari, for reference to the Court. Learned counsel for the petitioners raises a grievance before this Court that the said application has remained pending and the reference has not yet been made to the court. Learned counsel for the respondents has placed on record their counter affidavit. Learned government counsel raises an objection and submits that the said application under Section 18 of the Act has been filed by petitioner no.2 alone, and - 2 - petitioner no.1 has not moved the learned Collector. 2. We have perused the materials on record and considered the submissions of learned counsel for the parties. It appears that no. 2 has filed the said application (Annexure 8) in terms of Section 18 of the Act. In view of the objection raised by learned government counsel, the petitioners are permitted to subscribe the same as a co- applicant before the Collector of the district. The latter is hereby directed to refer the same to the court for determination in terms of Section 18 of the Act without further delay. 3. The writ petition is accordingly disposed of. ( S K Katriar ) mrl