P. R. GOKULAKRISHNAN, J.

( 1 ) THIS Special Civil Application is for issue of a writ of mandamus or any other appropriate writ order or direction quashing and setting aside Order No. JAM/2087/258/dha dated 28-4-1988 passed by respondent No. 1 vide Annexure `b thereto in respect of land bearing Final Plot No. 32 of Town Planning Scheme No. 3 of Ahmedabad.

( 2 ) RULE. Mr. M. I. Hava learned Counsel waives service of rule on behalf of the 1 st respondent. Mr. G. N. Desai learned Counsel with Mr. Rakesh Gupta learned Counsel waives service of rule on behalf of respondent No. 3. Respondents Nos. 4 5 6 and 7 are children of respondent No. 3. The matter was taken up for final hearing.

( 3 ) THE short facts of this case for the purpose of disposal of this Special Civil Application are that the petitioner is a Co-operative Housing Society. As an acquiring body it proposed to the Government to acquire the suit land which is Final Plot No. 32 of the Town Planning Scheme No. 3 admeasuring 3787 Sq. yards in Ahmedabad on 25-5-1964 the Government published Sec. 4 Notification. On 11 Sec. 6 Notification was published. In 1965 itself the petitioner-Society deposited a sum of Rs. 39 195 as part of the compensation to be paid for the land sought to be acquired.

( 4 ) RESPONDENTS Nos. 2 to 7 herein challenged the acquisition proceedings by filing Special Civil Application No. 601 of 1965 alleging that the same is not for public purpose. By the judgment dated 12 our High Court allowed the petition holding that the acquisition is not for public. Against the judgment of our High Court the State Government took the matter by way of an appeal to the Supreme Court of India. The Supreme Court in Civil Appeal No. 2105 of 1970 which is against Special Civil Application No. 601 of 1965 held that the proposed acquisition is for public purpose. The said judgment is dated 4-3-1987. At the High Court (sic in the Supreme Court) itself i. e. in Civil Appeal No. 2105 of 1970 the petitioner herein got itself impleaded. The Supreme Court after setting aside the judgment of our High Court remanded that matter to the High Court to decide on merits. As on date Special Civil Application No. 601 of 1965 is pending on the file of this Court.

( 5 ) THE State Government acting under Sec. 48 of the Land Acquisition Act passed an order dropping the proceedings under Sec. 48 of the Act. Order passed by the State Government dropping the land acquisition proceedings under Sec. 48 (2) is Annexure `b to the Special Civil Application and the same is dated 28-4-1988. To complete the narration of the facts respondents Nos. 2 3 and 4 herein have sold the land in question by two different sale deeds dated 6-10-1987 to Shanker Apartment Association and Usmanpura Shiv Apartment Association respectively.

( 6 ) THE petitioner who is the acquiring body being aggrieved by the dropping of the land acquisition proceedings has come forward with the present Special Civil Application. Mr. Arvind J. Patel the learned Counsel appearing for the petitioner contended that the order passed is in violation of the principles of natural justice and therefore the order at Annexure `b should be quashed. It is further contended by Mr. Patel that the dropping of the proceedings is on facts which are not in existence and such an arbitrary order dropping the acquisition proceedings should be quashed. Let us first consider the. argument of Mr. Patel to the effect that the grounds on which the acquisition proceedings were dropped are all non-existing grounds.

( 7 ) THE petitioner in this petition has alleged that the owners of the land have illegally influenced respondent No. 1 and made it to drop the acquisition proceedings in spite of the solemn undertaking as far back as in the year 1958 to acquire the said land. There is a further averment to the effect that the Government was influenced by the owners of the land for the reasons best known to them and the exercise of power under Sec. 48 is wholly mala fide an

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