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1990 Supreme(All) 614

N.N.MITHAL, C.P.MATHUR
RAM NARAIN RAI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
R.N.SINGHA, S.N.Singh

G. P. MATHUR, J.

( 1 ) THIS writ petition has been filed for quashing the notifications dated 9-5-1990 issued by the State of U. P. u/s. 4 (1) and S. 6 of the Land Acquisition Act and for a writ of mandamus restraining the respondents 1 to 3 from dispossessing the petitioners from plots Nos. 12, 13, 15 and 24 situate in village Jalilpur Parao, Pargana Ralhupur, district Varanasi, in pursuance of the aforesaid notifications. The petitioners have impleaded the State of U. P. , the Land Acquisition Officer, Varanasi, and Uttar Pradesh Ganna Kisan Sansthan (hereinafter referred to as Ganna Sansthan) as respondents 1 to 3 respectively to the writ petition.

( 2 ) A notification u/sub-sec. (1) of S. 4 of the Land Acquisition Act, 1894 (hereinafter referred to as the Act) was published in U. P. Gazette on 28/04/1990. This was followed by a notification u/s. 6 of the Act which was published on 18/05/1990. Since the language of the notifications will be material for the decision of the controversy involved in this case, it will be appropriate to reproduce the same. The notification u/s. 4 (1) of the Act, omitting the schedule annexed thereto, reads as follows :-"under sub-sec. (1) of S. 4 of



































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