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2012 Supreme(Pat) 1114

PRAKASH CHANDRA VERMA
Muzaffarpur Properties Private Ltd. – Appellant
Versus
State of Bihar – Respondent


Advocates:
For the Petitioners: Mr. Uma Kant Prasad.
For the Respondents: Mr. Lalit Kishor Aag-1.

ORDER

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

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