Nagendra Prasad Singh, J.

1. The petitioner in this writ application has challenged the legality of an order of the State Government as contained in letter dated 5-10-1976 saying that after reconsideration the State Govrrnment has taken a decision that the land belonging to the petitioner shall not be withdrawn from acquisition. A copy of the said communication is annexure 9 to the writ application.

2. The case of the petitioner is that at the instance of the Industries department, Government of Bihar, the respondent District Magistrate, muzaffarpur took steps for acquiring an area of ! 02 60 acres of land situated in village bela Chapra in the district of Muzaffarpur for the North Bihar Industrial development Authority, (hereinafter referred to as the "industrial Develoment authority". For the acquisition of the aforesaid land, emergency provision, provided under section 17 of the Land Acquisition Act, 1894 , (hereinafter referred to as the Act), was adopted and a notification under sub-section (4) of section 17 of the Act was issued on 16-3-1976. The aforesaid block of 102-60 acres also covers an area measuring 4.34 acres of R. S. Plot no.411 belonging to the petitioner.