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 of Kolodari No.18, Pargana Azimabad, zila Patna, it is hereby notified that for the above purpose a piece of land measuring, more or less, 3 bighas 5 kathas 13.184 chitaks of standard measurement equivalent to 1.088 acres, bounded on the x x x x x x x is required within the aforesaid village of Kolodari No.18.

This notification is made, under the provisions of Sec.4 of Act I of 1894, to all whom it may concern.

A plan of the land may be inspected in the office of the Land Acquisition Officer, Patna.

Objection to the acquisition, if any, filed under sec.5-A by any person interested within the meaning of that section within 30 (thirty) days after the date of publication of this notification in the official gazette, before the Land Acquisition Officer, Patna will be considered.

By order of the Governor of Bihar. The 8th October, 1958"

Sd. S.M. Naqavi, Dy. Secy.

This notification under Sec.4 of the Land Acquisition Act was amended by subsequent notifications dated the 5th February, 1960, and the 2nd June, 1960, which are annexures G and I to the application and read as follows:

"Erratum

The 5th February, 1960.

No. D.L.A.P-244/59-1335-R.-In notification no. D.L.A.P-290-58/10420-R, dated 8th October, 1958, published at page 3374, Part II, of the Bihar Gazette of 29th October, 1958, regarding acquisition of land for development of Narayani Kanya Pathshala in Patna City, Pergana Azimabad, district Patna, read as follows:

(1) In the 4th line read at the cost of Secretary, Narayani Kanya Pathshala for at the public expense.

(2) In the 10th to 12th line read 3 bighas 7 kathas 9.256 chitaks of standard measurement, equivalent to 1.117 acre for 3 bighas 5 kathas 13.184 chitaks of standard measurement equivalent to 1.088 acres.

(3) In the 25th line delete S.P. No.1085

(4) In the 32nd to 33rd lines add S.P. No.1082.

By order of the Governor of Bihar

S.M. NAQAVI, Dy. Secy."

"The 2nd June, 1960.

No. D.L.A.-P-244/59-6767-R

In notification No. D.L.A.P-290-58/10420-R, dated 8th October, 1958, published at page 3374, Part II of the Bihar Gazettee of 29th October 1958 regarding acquisition of land for development of Narayani Kanya Pathshala at Patna City, in the district Patna, read as follows :

(1) In the 4th line read at the expense of the secretary Narayani Kanya Pathshala, Patna, City, for at the public expense.

X x x x x x x x

This cancels erratum No. D.L.A.P.-244/59-1335-R., dated the 5th February, 1960, published at page 994, Part II of the Bihar Gazette, dated 9th March, 1960.

By order of the Governor of Bihar,

S.M. Naqavi, Dy. Secy.

There was a declaration under sec.6 of the Land Acquisition Act, published by the State Government on the 5th February, 1960, which is annexure-E to the application, and reads as follows:

The 5th February, 1960.

No. D.L.A.P.244/59-1336-R.

Declaration:- Where

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