1. THIS is an application under Article 226 of the Constitution. The petitioners claimed to retain certain lands within the permissible limits under section 6 of the West Bengal Estates Acquisition Act. The petitioners never claimed this right to retain at any stage prior to the date of making this application under Article 226 of the Constitution and making a demand for justice before the Collector.

2. THE petitioners obtained this Rule on the 22nd September, 1960 and the ground of the Rule was limited to ground (c) of the petition which is as follows :

"for that in any case no notice under section 10 (2) of the estates Acquisition Act can be served without reference under section 20 (5) of the West Bengal estates Acquisition Act read with section 6 (5) of the West Bengal estates Acquisition Ordinance 1960. "

In the Rule the petitioners also got an ad interim order for injunction restraining the Government from taking delivery of possession of the lands in Khatian in notices under section 10 (2) of the Act and crops there on pending the hearing of the Rule. This Rule raises a short but an interesting and important point of law. The main question here is whether any notice