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1954 Supreme(Pat) 82

RAMASWAMY, AHMED ALI KHAN
Pannalal Maheshwari – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. In this case the petitioner Pannalal Maheshwari seeks a writ in the nature of certiorari or mandamus from the High Court remanding the opposite parties to make payment in terms of an award made by the Land Acquisition Officer on 20-11-1952, in respect of certain lands situated in village Khajurahi of the district of Gaya. Cause has been shown by the learned Government Pleader on behalf of the opposite parties in this case.

2. The petitioner claims to be a tenant of 622.63 acres of raiyati kasht land in village Khajurahi. In the year 1949 there was a proposal made by the Government of Bihar for acquiring the land under the provisions of the Bihar Private Protected Forest Act. The petitioner filed an objection which was allowed by the appellate authority under the Act and the land in question was excluded from being acquired. Subsequently the State of Bihar initiated proceedings for acquiring the land under the provisions of the Land Acquisition Act, (1894) (I of 1894 ). A declaration under Sec.6 was issued by the State of Bihar on 11-2-1952. In pursuance of that declaration the Collector of Gaya issued a special notice under Sec.9, Land Acquisition Act, on 1-3-1952, and p














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