WP(C) 3183/2009 BEFORE HON’BLE MR. JUSTICE B.D.AGARWAL Heard Mr. S.S.Sharma, learned Senior counsel for the petitioner, Mr. N. Bora, le arned CGC, as well as Smti H.M.Phukan, learned Junior Govt Advocate for the sta te respondents. In this writ petition, the petitioner is challenging the order d ated 11.6.2009 passed by the learned Addl. Deputy Commissioner (Rural), Bongaiga on & Competent authority , NHAI, Bongaigaon whereby the said authorities decided to disburse the land acquisition compensation money to the respondent No.4, nam ely, Abdul Salam on certain conditions. Mr. S.S.Sharma, learned Senior counsel for the petitioner submit ted that the land under acquisition was purchased by the petitioner’s brother, l ate Nur Mohammed vide registered deed of sale being Deed No. 108 of 1961 and dat ed 6.1.1961 from the father of the respondent No.4. The said Nur Mohammed subse quently died in the year 1993. Mr. S.S.Sharma, further submitted that since the date of purchase, late Nur Mohammed was in possession of the said land and afte r his death, his brother is occupying the land. However, the petitioner and his late brother could not take steps to get their names mutated in the land record s and as such the impugned order was passed in favour of the respondent No.4. In my considered opinion, the dispute is regarding entitlement of the compensation either by the petitioner or the private respondent and such dispute can be effectively resolved by a competent civil court. Mr. S.S.Sharma, learned Senior counsel for the petitioner submitted that the petitioner is ready to approach the civil court. However, since Union of I ndia and the State , the statutory notice of 2(two) months shall have to be giv en and if interim protection is not given in those period and compensation amoun t is disbursed to the private respondent, the whole matter will become infructuo us. At this stage, the learned CGC submitted that they shall wait for approp riate orders either final or interim in nature from the competent civil court, p rovided the petitioner does not object to give possession of the land . Considering all aspects in its entirety, this writ petition is d isposed of with a condition that the petitioner shall not object regarding takin g possession of the acquired land by the NHAI authorities. At the same time, lea rned Addl. Deputy Commissioner (Rural), Bongaigaon and Competent Authority, NHAI , Bongaigaon shall not disburse the money to either party for the next 10(ten) w eeks. In other words, till the next 10(ten) weeks the impugned order of the NHAI dated 11.6.2009 shall be kept in abeyance. Registry is directed to furnish a copy of this order to the lear ned C.G.C.