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1953 Supreme(All) 49

SANKAR SARAN, GURTU
MOWASI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
Jagdish Sahay, S.B.L.Gour

GURTU, J.


( 1 ) THIS is an application under Article 226 of the Constitution of India. The applicant prays that this Court be pleased to issue a writ in the nature of a writ of certiorari calling for the record of the case and to quash the entire proceedings subsequent to the order dated 27-5-1952 dropping the land acquisition proceedings in respect of the applicants plots and to direct the opposite parties not to acquire or proceed to acquire the plots belonging to him.

( 2 ) THE applicant averred that he was the hereditary tenant of certain plots of land specified in para. 2 of the affidavit filed on his behalf which were situate in village Gulaothi, Pargana agauta, district Bulandshahr and that the D, N. Higher Secondary School, opposite party 2, moved to acquire those plots along with two others.

( 3 ) A preliminary Notification was issued in respect of these plots under Section 7 of the Land acquisition Act in the State gazette dated 9-3-1951. The applicant filed an objection under section 5a, Land Acquisition Act against the acquisition of the plots belonging to him. The applicant and the school authorities both appeared before Mr. S. D. chaturvedi, Land Acquisition officer.



















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