Judgment 1. Heard learned counsel for the parties. 2. Petitioner claims to be one of the sons of Shiva Nandan Gope. The prayer made in this writ petition is unusual one because the facts are also slightly unusual. On the basis of Annexure-1, a report from the District Education Officer, Patna to the District Magistrate, Patna dated 3.3.2001 it has been submitted that petitioners father was as Assistant Teacher in a Government School at Seristabad, Patna and during census operation he was engaged in census work and became trace- less since 7.2.2001. As a result his wife and two sons which include the petitioner are not getting monetary support which Shiva Nandan Gope used to provide for his family members and in the meantime it appears that the ancestral lands of the family standing in the name of said Shiva Nandan Gope amounting to three acres and odd have been acquired by the State for creation of an Ordnance Factory. The lands are said to be situated in the District of Nalanda.The petitioner and other members of the family of Shiva Nandan Gope now do not have even the ancestral land to sustain them and in usual course the award for payment of compensation amount is being prepared by the authorities in the name of Shiva Nandan Gope. The petitioner has prayed for suitable directions to the concerned authorities particularly the District Magistrate, Nalanda so that the award may be prepared in the name of the wife of Shiva Nandan Gope and his two sons or the other heirs, if there is any more. 3. No doubt any person interested in land which is the subject matter of Land Acquisition Act can file objections at the stage of section 9 and thereafter the Collector is required to hold an enquiry and prepare an award in accordance with law under Section 11 of the Land Acquisition Act. But in this case the situation is somewhat different because there is no doubt that Shiva Nandan Gope was/is entitled to receive the award and without their being any definite information about the death of Shiva Nandan Gope, his heirs and legal representatives cannot claim as a matter of right, to be substituted in his place. A presumption regarding death may arise after the lapse of seven years. A presumption regarding death may arise after the lapse of seven years. But during this period the family cannot be allowed to starve and hence a solution permissible under the Hindu Law may have to be found out. 4. From the aforesaid point of view, keeping in mind the fact that lands are raiyati lands belonging to the family, it will be just and proper for the concerned authorities to allow notional partition among the family members for the purpose of claiming compensation and the share failing in the name of Shiva Nandan Gope should be paid to his wife and the other heirs may be paid their share of award money and compensation. 5. Learned counsel for the State as well as learned counsel for the petitioner agree for this course of action. 6. This writ petition is accordingly disposed of with a direction to the concerned authorities i.e. the District Land Acquisition Officer, Naianda, Respondent no. 3 and the District Magistrate, Nalanda, Respondent no. 2 to follow the aforesaid direction of this Court in proportion of award and payment of award money or other compensation amount. 7. The award already prepared in the name of Shiva Nandan Gope shall stand modified to the aforesaid extent and order to that effect should be issued by the concerned Officer within three months, from the date of production/communication of a copy of this order. 8. Let a copy of this order be given to the learned counsel for the State.