( 1 ) THIS appeal is directed against the judgment of Bose J. dated 26-11-1951.

( 2 ) THE facts are that a block of land was directed by a notification under section 4, West Bengal Land Development and Planning Act, 1948, to be a notified area in terms of that Section. The notification was duly published on 21-12-1950. Thereafter on 23-12-1950 a declaration was made under Section 6 of the Act read with Section 7 thereof whereby a, plot of land belonging to the appellant and lying within the notified area was declared to be needed for the purpose of settling immigrants from East Pakisthan. Before possession was taken by the Collector the appellant filed an application under Article 226 of the Constitution praying for the issue of a writ of mandamus directing the respondents not to proceed further in the matter. Bose J. issued rule nisi on 21-2-1951.

( 3 ) ON a perusal of the affidavits filed in this case on behalf of the parties Bose J. discharged the Rule by his order dated 26-11-1951. It is against this order that the present appeal has been taken.

( 4 ) MR. Butt who has appeared in support of the appeal ultimately pressed the following contentions

( 5 ) HE conte