Harries, C. J. :- This is a petition praying that the Court should interfere with an order made by the Land Acquisition Officer of Burdwan under powers conferred upon this Court by Art. 227, Constitution of India.

2. To appreciate the points involved it will be necessary shortly to set out the facts of the case which have given rise to this litigation. The petitioners are the holders of property in a village near Burdwan and this property was compulsorily acquired by Government under the provisions of the Land Acquisition Act as the land was required for the erection of locomotive works for the East Indian Railway. In due course notice was served under S. 9, Land Acquisition Act, upon the petitioners and on 20-1-1949 in pursuance of that notice the petitioners put forward their claim. The Land Acquisition Collector thereupon commenced Land Acquisition Case No. 15/1A of 1948-49.

3. The properties in dispute are two plots known as Nos. 400 and 401 and according to the petitioners there is on plot No. 400 a hillock in which there are valuable stones or minerals. Under the surface of plot No. 401 it is said there exists a strata of stones or other minerals. On 9-2-1949 the Land