CHAGLA, C.J.:- This is an appeal against the decision of Shah, J., by which he dismissed a petition preferred by the appellant challenging an order of requisition made on 16-3-1954, under S.6(4), Land Requisition Act, 1948. The view taken by Shah, J., was that by the petition the petitioner was intending to go behind the declaration of vacancy made by the State of Bombay under S.6, Bombay Land Requisition Act and in view of the decision of this Court in - Mohsinali Mohomedali v. State of Bombay, AIR 1951 Bom 303 (A), it was not open to him to go behind that declaration. It was urged before the learned Judge that a recent decision of the Supreme Court in - Raj Krushna v. Binod, AIR 1954 SC 202 (B) had made an important alteration in the law and that - Mohsinalis case (A) may be looked upon as overruled. The learned Judge refused to take that view of the observations of the Supreme Court and proceeded to dismiss the petition.

When this matter came before a Division Bench, in view of the importance of the question raised it was suggested by Mr. Palkhivala on behalf of the appellant and the Advocate-General on behalf of the respondent that the matter might be considered by a Fu