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1961 Supreme(All) 106

JAGDISH SAHAI
RAM SEWAK – Appellant
Versus
STATE OF U. P. – Respondent


Advocates Appeared:
B.N.SAPRU, SHAMBHU PRASAD

JAGDISH SAHAI, J.

( 1 ) THESE are three connected writ petitions and arise out of land acquisition proceedings going on in village Gohand, pargana Rath, in the district of Hamirpur. The substantial prayer of the petitioners is for the quashing of the U. P. Government notification No. A-1632/xiia-663/60 dated March 17, 1960, and for a writ of mandamus commanding the respondents not to enforce the aforesaid notification. The said notification is under Section 4 of the Land Acquisition Act (hereinafter referred to as the Act ). It is not necessary at this stage to mention the allegations made in the petition, the affidavit filed in support of it, the counter affidavit and the rejoinder affidavit. I shall deal with the relevant allegations in these documents while considering the various submissions made by the learned counsel for the parties.

( 2 ) MR. Sapru has made the following submissions:

(1) The notifications under Sections 4 and 6 of the Act issued in this case are invalid because the numbers of the plots have not been mentioned therein.

(2) The present proceedings suffer from the defect that notifications under Sections 4 and 17 of the Act were published simultaneously.

(3) Sec


























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