Judgement

P. V. B. RAO, J. :- These two petitions are heard together as they involve common questions of law and fact, and are disposed of by this judgment.

2. O. J.C. 81 of 1955 was flied by 41 petitioners on 24-2-1955, and O. J.C. 152 of 1955 was filed by 48 petitioners on 2-5-55. The petitioners in both the applications are residents of village Harinikuli, Chaumukha, Dagara, Nagudi, Saranjapur, Naighati Pakundi, Jamukunda, Manikisimulia, Jugadihand, Badasaha in the district of Balasore bordering on the western flank of the river Subarnarekha at its lowest reach before it falls into the Bay of Bengal.

These applications are filed under Article 226 Of the Constitution praying for the issue of a writ in the nature of mandamus directing the opposite party, the State of Orissa, to refrain from proceeding with the land acquisition proceedings as the notification issued by the Government under Section 4, read with Section 17(4), Land Acquisition Act, is ultra vires, illegal and without jurisdiction, from taking possession of the land sought to be acquired before an award is passed, from carrying out the contemplated project of diverting the water of Subaranarekha through Amchua cut and fr