Gupta, J.

(1) THIS appeal is directed against an order of a division bench of the Patna High court dismissing the writ petition filed by the appellants before us inter alia on the ground of undue delay in making the petition. By filing the writ petition, the appellants questioned the validity of acquisi- tion of Plot Nos. 449 and 447 of Khata Number 29,Touzi No.915 of Village Naraipur, Police Station Bagaha in the District of Champaran under the Land Acquisition Act. The High court held that the unexplained delay in making the petition was itself a good ground for dismissing the writ petition, but also proceeded to consider the merits of the case and found that the petition was liable to be dismissed.

(2) THE notification under S. 4 of the Land Acquisition Act was issued in this case on 22/05/1956. The notification under S. 6 is dated 20/12/1958. The award was made on 14/07/1962 and Collector took possession of the disputed property on 27/08/1963. The writ petition was filed on 12/03/1964. The High court found that the delay of more than 17 months from the date of the award has not been satisfactorily explained. Counsel for the appellants refers to a nu