Untwalia, J.

1. In this application under Article 226 of the Constitution of India, the petitioner has obtained a rule against the State of Bihar, respondent No. 1, and the Chairman, Patna Improvement Trust, respondent No. 2, to show cause why an appropriate writ, order or direction should not be issued quashing the scheme, the order of acquisition and the order for eviction passed under the Bihar Town Planning and Improvement Trust Act, 1951 (Act 35 of 1951), and directing them to forbear from enforcing the Scheme and the order and evicting the petitioner from holding No. 217 of the Patna Municipal Corporation. It appears that the owners of the permises comprised in the said holding were added as respondents 3 and 4 in the application with the permission of the Court on 19-9-61, but the M.J.C. application stood dismissed as against respondent No. 4, on 19-3-62 for non-compliance of order No. 12 dated 12-3-62.

2. The petitioners case in the application filed on 13-9-61 is that he

owns a shop in the area commonly known as New Market and holds the same on rent from the landlord

and that he had been carrying on trade in that shop from before 23rd May, 1951. His further case is