JAHAGIRDAR J. :- This petition under Art.226 of the Constitution of India seeks to challenge a notice dated 29th of January 1972, the contents of which would be shortly noticed, issued by the Government of India in the Ministry of Defence in the circumstances which will be clear as we proceed to narrate the facts. The property involved is a piece of land situated at 17. Right Flank Lines in Poona Cantonment and measuring 0.85 acres equivalent to 4100 sq. metres. On the said land is also situated a bungalow. The petitioner is at present the owner of the said property viz. the land and the building as a trustee. It is the allegation of the petitioner that the land included in the property is of freehold tenure and it had been purchased by his father Temulji Anklesaria, on 19th of Sept. 1918 from one Abdul Kader who himself had become the full owner of the land by virtue of succession. It is unnecessary to refer in any detail to the history prior to 1918 because it is not relevant for the disposal of the points which have been raised in this petition. The petitioner has challenged the abovementioned notice because the said notice informs the petitioner that the property is he