( 1 ) THIS appeal is directed against a judgment and order of D. Basu, J, dated September 11, 1964, whereby a Rule Nisi obtained by the appellant in an application under Article 226 of the Constitution was discharged.

( 2 ) THE appellant runs a Soorki Mill, Saw Mill etc. at Municipal holding No. 16, Chatubabu's Ghat Lane, measuring more or less 212 1/4 acre, in the District of Howrah. A notice under Section 4 of the Land Acquisition Act, 1894, (hereinafter referred to as the Act) was published in the Calcutta Gazette on November 3, 1960 in which it was stated that the said land was likely to be needed for a public purpose, namely, extension of Salkia Anglo Sanskrit School and Ushangini Balika Vidyalaya. It was also stated in this notice that the land was to be acquired partly at public expenses and partly at the expenses of the authorities of Salkia Anglo Sanskrit School. By a notice dated February 28, 1961, the appellant was informed that the date of the enquiry under Section 5a (2) of the Act was fixed on March 6, 1961 and the appellant was asked to be present on the spot in support of his objections which were filed on February 12, 1961. On July 9, 1962, the ap