ORDER:- This is an application under Arts.226/227 of the Constitution of India against an order dated 23-12-1976 passed in L.A. (Misc.) Case No. 16 of 1976 rejecting the petitioners application under S.33 of the Land Acquisition Act and directing the awarded amount to be deposited in the State Bank of India, Shillong branch in the name of the Collector under Fixed Deposit Scheme and holding that the Court had no jurisdiction, whatsoever, to decide the right, title and interest of the parties under the proceedings. It involves two questions, namely (1) Whether a reference Court has jurisdiction to decide the question of title and interest of the parties when a post award civil suit on the same subject-matter is pending in a civil Court? (2) Whether an application under Arts.226/227 is maintainable?

2. A plot of land measuring 93 acres, more or less, situate at Spread Eagle Falls, Shillong was acquired under the Land Acquisition Act 1894 and an award was given by the Collector on 8-2-1974. The petitioner and the respondent No. 4 were shown as persons interested in the land, but the entire balance amount of Rs. 23,71,097.60 P. was shown as payable to the petitioner Sri A.S.