1. By this application under Articles 226 and 227 of the Constitution of India the petitioner prays for quashing of a notice (Annexure-1) dated 27th of July, 1971, from the Government of India, Ministry of Defence, New Delhi, to the petitioner informing the petitioner that on the expiry of one month from the date of service of the notice any rights, easements and interests which the petitioner may have in the land described at the foot of the notice and buildings standing thereon shall cease from that date and also stating that the Government were prepared to pay and so offered to the petitioner a sum of Rupees 4469 as the value of the authorised erections standing on the said land. A cheque for the said amount was attached with the said notice.

2. The land mentioned in the said notice (Annexure-1), namely, survey No. 77 (Bungalow No. 9 Mango Lodge) in Dinapore Cantonment measuring 1.170 acres described in the notice as belonging to the President of India and held by the petitioner on old grant terms as contained in Governor-Generals Order No. 179 dated 12th of September, 1836, according to the petitioner, belonged to one Samuel Grose, son of William Gross of Dinapore Canto