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1985 Supreme(SC) 117

A.P.SEN, V.BALAKRISHNA ERADI
State Of Rajasthan – Appellant
Versus
Swaika Properties – Respondent


Advocates:
ASHOK MATHUR, Badri Das Sharma, G.L.SANGHI, K.PARASARAN ATTORNEY, PRAVIN KUMAR

Judgment

A. P. SEN, J. :- The issue involved in this appeal by special leave is : Whether the service of notice under sub-s. (2) of S. 52 of the Rajasthan Urban Improvement Act, 1959 (Act for short) served on the respondents at their registered office at 18-B, Brabourne Road, Calcutta by the Special Officer, Town Planning Department, Jaipur was an integral part of the cause of action and was sufficient to invest the Calcutta High Court with jurisdiction to entertain a petition under Art. 226 of the Constitution challenging the validity of a notification dated February 8, 1984 issued by the State Government of Rajasthan under S. 52(1) of the Act for the acquisition of certain lands belonging to them required by the Urban Improvement Trust, Jaipur for a public purpose, namely, for implementation of a development scheme viz. Civil Lines Extension Scheme.

2. It is somewhat strange that a learned single Judge of the Calcutta High Court (R. N. Pyne, J.) should have by his order dated March 13, 1984 entertained a petition under Art. 226 of the Constitution filed by the respondents, issued a rule nisi thereon requiring the reasons as to why a writ in the nature of mandamus should not be issu













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