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1956 Supreme(All) 200

G.MEHROTRA
RAJ NARAIN AGARWAL – Appellant
Versus
ADMINISTRATOR, IMPROVEMENT TRUST, AGRA – Respondent


Advocates Appeared:
A.K.KIRTY

G. MEHROTRA, J.

( 1 ) THIS is an application under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the notices dated 15-9-1955 and 23-12-1955 issued by the opposite party, the administrator, Improvement Trust, Agra. It is further prayed that a writ of mandamus be issued to the opposite party requiring him to forebear from giving effect to the notices and the order dated 15-9-1955 and 23-12-1955.

( 2 ) THE facts briefly which are alleged in the affidavit are that the petitioner is the proprietor of a flour mill known as Agra Roller Flour Mill which is situate in Phatak Suraj Brian, Agra, on land, and premises bearing the present municipal number 1162. The land was acquired by the petitioner under various sale deeds on different dates and it is not necessary to go into details as regards the question of title of the petitioner to the land. On 16-9-1955 the petitioner, it is alleged, received the notice dated 15-9-1955 from Sri M. A. Quraishi, Administrator, Agra Improvement Trust, Agra, requiring him to remove encroachments alleged to have been made over a total area of 629. 7 sq. yards of Nazul Plot No. 2325 at Phatak. Suraj Bhan, Agra within ten














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