IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.1306 of 2009 1. HARI SHANKAR NATH TIWARY S/O LATE RAJA RA TIWARY R/O VILLAGE-BHOJPURWA, P.S.-MAJHA GARH, DISTT.-GOPALGANJ Versus 1. THE STATE OF BIHAR & ORS THROUGH COLLECTOR GOPALGANJ 2. THE COLLECTOR, GOPALGANJ 3. THE LAND ACQUISITION OFFICER GOPALGANJ ----------- 3 4.1.2011 Heard counsel for the parties. Admittedly, an award in L.A.R. No.1 of 2005 has been passed by the Sub. Judge, Gopalganj on 11.5.2009. Grievance of the appellant-writ petitioner is that even when the award has become final in absence of any appeal by the State of Bihar, the Collector has not tendered payment of the amount as per award given by the Land Acquisition Court. In our opinion, remedy for the appellant-writ petitioner is to file an execution case for the aforementioned amount as awarded to him under the award in question. A writ petition for that purpose is wholly misconceived. That being so, this appeal is permitted to be withdrawn with a liberty to the appellant-writ petitioner to file an execution case. Abhay Kumar (T. Meena Kumari, J.) ( Mihir Kumar Jha, J.)