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1961 Supreme(J&K) 29

K.V.GOPALAKRISHNAN NAIR
Chuhru – Appellant
Versus
State – Respondent


Advocates Appeared:
Advocate For Appellant: Lok Nath Sharma
Advocate For Respondent: Jaswant Singh

The petitioner seeks a writ of certiorari to quash the entire proceedings taken by the respondents for acquiring his land including the award purported to have been made in respect of it.

(2) The petitioner owns one-half of Khasra No. 1670 measuring 3 Kanals and 7 Marlas and Khasra No. 1670/1 measuring 2 Kanals and 2 Marlas situate in Kishtwar. His allegation is that he obtained no information or notice of any of the proceedings relating to the acquisition of his land and that it was only in January 1960, that he came to know that such proceedings had been taken in respect of his land. Thereupon he set about to obtain copies of the proceedings and after, arming himself with them moved this Court for a writ. The respondents have raised several objections. On facts their main stand is that the petitioner had knowledge of the land acquisition proceedings early enough to enable him to appear before the Collector and to prefer his objections, if any. The legal objections are, firstly, as the land acquisition proceedings terminated much before the coming into force of the State Constitution, the petitioner could not ask for a writ under section 103 of that Constitution and secondly, that












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