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1961 Supreme(Pat) 97

V.RAMASWAMI, R.K.CHOUDHARY
Harimandirji Saheb – Appellant
Versus
Land Acquisition Officer, Patna – Respondent


Advocates:
Balbhadra Prasad Singh, Jugal Kishore Prasad and Hari Lal Agarwal, for Petitioner; G.P. Das, B.K. Mukherji, Chunilal, Gokulandan Prasad and Addl. Govt. Pleader, for Opposite Party.

JUDGMENT : - In this case the petitioner has obtained a rule from the High Court calling upon the respondents to show cause why the notification of the State Government under Sec.4 of the Land Acquisition Act, dated the 8th October, 1958, and subsequent amendments of the notification by notifications dated the 5th February, 1960 and the 2nd June, 1960, and another notification dated the 2nd June, 1960, of the State Government under Sec.6 of the Land Acquisition Act should not be quashed by grant of a writ in the nature of certiorari under Art.226 of the Constitution.

2. Cause has been shown by the Secretary of the Narayani Kanya Pathshala, who is respondent No.4 to the application. A counter-affidavit has also been filed on behalf of respondent No.1, the Land Acquisition Officer of Patna.

3. The first notification dated the 8th October, 1958, under Sec.4 of the Land Acquisition Act is annexure-B to the application and is to the following effect:

"No. D.L.A.P.290/58-10420-R.

Whereas it appears to the Government of Bihar that land is required to be taken by Government at the public expense for a public purpose, viz. for development of Narayani Kanya Pathshala at Patna City in the village


















































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