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1992 DIGILAW 83 (PAT)

Gupteshwar Singh v. State of Bihar

1992-03-10

B.C.BASAK, N.ROY

body1992
Order The only question involved in this case is whether any reference should have been made under Section 30 of the Land Acquisition Act. It is contended on behalf of the respondent no. 3 that there is no dispute existing as it has already been resolved by a decision of the Civil Court. This is challenged by the petitioner. 2. We direct the respondent no. 2, the Collector to refer such alleged dispute to the competent civil court in terms of section 30 of the Land Acquisition Act. The reference is to be made within a fortnight from the date of receipt of this order. 3. We make it clear that upon such reference to the competent civil court, if any point is raised that such dispute has already been resolved, then the civil court shall not proceed any further in the matter if it is correct but if the Court is of the opinion that such dispute has not been so resolved then the Court will proceed according to law. 4. No further payment is to be made to any of the parties for a period of one month from the date of reference by the Collector under section 30 of the Land Acquisition Act. Thereafter it would be open to the parties to approach the Court, to which the matter is to be referred for any interim order if they are so advised. 5. Let it be recorded that we have not gone into the merits of the case particularly the question whether the dispute has been resolved or not.