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1977 Supreme(Pat) 138

S.K.JHA, S.ALI AHMAD
Ram Narain Singh – Appellant
Versus
State Of Bihar – Respondent


Judgment

S.K.JHA, J.

1. In this application under Art. 226 of the Constitution of India is involved the objection to a land acquisition proceeding under the Land Acquisition Act, 1894 (hereinafter to be referred to as the Act) on the ground that the acquisition is neither for public purpose nor in conformity with the proviso to S. 6 (1) of the Act. The petitioners - four in number - have prayed for an appropriate writ to quash the notification dated 22-4-1967 under S. 4 of the Act numbered as L. A. Patna-11/66/67/5 and the declaration under S. 6 (1) dated 21-6-1967 published in the Bihar Gazette Extraordinary dated 12-7-1967. The notification and the declaration aforesaid have been marked annexures 1 and 2 respectively to the petition. A further prayer has been made for the issuance of writ of mandamus restraining the respondents from interfering with the petitioners possession over the land sought to be acquired. It may be usefully mentioned here that the area of land under acquisition is 3.0447 acres in village Mainpura, within police station Phulwari in the district of Patna. The notification states that the acquisition was sought to be made by the Government for a public purpose












































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