This writ petition has been filed for quashing the Notification as contained in Memo Nos. 1311 and 1313 dated 10.12.2009 (4) and 10.12.2009 respectively, published in newspapers on 19.12.2009 and 20.12.2009 respectively and notified in District Gazette Extra Ordinary on 03.01.2010 & 6.01.2010 respectively (6) by way of a preliminary notification whereby and whereunder the property over a part of which the petitioner exercises absolute right, title, interest and possession, has been notified for acquisition under Section 4 of the Land Acquisition Act (hereinafter referred to as the ‘L.A.Act’) for a public purpose.

2. In addition to the aforementioned two reliefs the petitioner has also assailed the Letter no.14/387R dated 23.02.2010 (Annexure-3) issued under the signature of Deputy Secretary, Department of Revenue and Land Reforms addressed to the Collector, Patna authorizing him to acquire the aforesaid land and proprty in question under Section 7 and 17(1) of L.A. Act. The petitioners have also sought relief that all other notifications/orders issued subsequently or in consequence of the notification under Section 4 & Section 6 of the Act be also quashed.

FACTS AND SUBMISSIONS

3. The petitioners with a purpose to establish their undisputed and admitted right, title and interest and possession over the land in question and also to dispel the premise on which the respondent State Government has embarked upon the acquisition of land in question i.e. the said property was being encroached by unscrupulous persons, brought on record the facts stating therein that he has not encroached on any property and as such branding him as an encroacher of the said land is mala fide and motivated.

4. It is necessary that the genealogy of the family of late S. Hassan Imam is kept in mind to understand the issues of inheritance of S. Hassan Imam’s estate. Sayed Hassan Imam was married twice and his two wives being Bibi Muniba and Bibi Nattie imam. Sayed Hassan Imam from his first wife Bibi Muniba was blessed with one son Sayed Mehdi Imam and two daughters namely, Asma Zafar Imam and Mahmuda Sami. Sayed Mehdi Imam was married too Saiyeda Mehdi Imam and they were blessed with one son Sayed Fazal Imam and one daughter Shamim Amna Imam. Justice Murtaza Fazal Ali was the brother of Saiyada Mehdi Imam and Faiz Murtaza Ali is the son of late Murtaza Fazal Ali. Saiyed Hassan Imam married the second time with Bibi Nattie Imam and from this wedlock Saiyed Askaril Hadi Ali Augustine Imam @ Tootoo Imam was born. Tootoo Imam is blessed with S.H. Francis Imam and Ms. Nattie Shabet Imam. On 28.04.1931 Sayed Hassan Imam executed a Waqf deed in the nature of Waqf Alal Aulad for the benefit of his family. He appointed his wife Mrs. Nattie Imam as the first Sole Muttawali of the Waqf-Alal-Aulad and by the said declaration he delivered the possession of his properties and divested himself of all the properties. The Scheme of Waqf -Alal Aulad provided that after the demise of the 1st Mutwalli the Waqf shall have two joint Muttawalis namely his two sons Saiyed Mehdi Imam and Toottoo Imam. The elder of them being the Senior Muttawali and the younger junior Muttwali. In the case of the death of either of the said joint Muttawallis the survivor of them shall be the sole Muttawalli of the Waqf estate.

5. Learned counsel for the petitioner submitted that the order passed by this Hon’ble Court in three M.J.C. applications being M.J.C. Nos. 770, 1010 & 974 of 1993, which were disposed of by common order dated 27.08.1993 (Annexure-5) clarifying certain observations and directions made in the order and judgment dated 09.04.1993 (Annexre-4). In the aforesaid order the Division Bench of this Hon’ble Court has issued direction to the respondent District Magistrate permitting Tootoo Imam (Vendor of the petitioner) to take possession of 6 Annas Block of “Rizwan”, which has been given to him in the Arbitral Award of year 1936. The petitioner has further made out his specific case t