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KUMARAYYA
P. Balajirao – Appellant
Versus
State of Hyderabad (now Andhra Pradesh) through Collector, Hyderabad District – Respondent


ORDER :

1. This is a petition for the issue of a writ of certiorari quashing the land acquisition proceedings started by the Collector in relation to a portion of land bearing Survey Number 62 in the village Bakaram, within the Municipal limits of Hyderabad City. The petitioner is an auction purchaser of the said land in a Court sale which was held on 23-9-1955. He obtained permission from the Municipality for construction of a house thereon and had started construction when to his surprise he received a letter dated 1-12-55 from the C.I.B. Engineer calling upon him to stop construction as the land has been earmarked for industrial housing scheme. The petitioner thereafter came to Know that on 7-12-55 the Government had sanctioned acquisition of the said land and the Collector was directed to, take action under Section 6 and possession under the emergency provisions of Section 12(1) of the Land Acquisition Act. The contention of the petitioner is that the proceedings are invalid and liable to be quashed as there has been a clear contravention of the provisions of the Land Acquisition Act in as much as no notice under rule 3 or declaration under rule 5 of the C.I.B. Land Acquisition

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