By the Court—This writ petition has been filed for quashing the possession notice (Annex. 16) issued under Section 9 of the Land Acquisition Act, 1894 (hereinafter called the Act 1894) in respect of the plots referred to therein measuring an area of five bighas 10 biswansis.

2. The main thrust of the arguments advanced on behalf of the petitioner by Shri V.K.S. Chaudhary, learned Senior Counsel was that the said land was not acquired and left out for the Yojana earlier and as such the respondents cannot take possession of the land which has not been acquired nor had been subjected to the acquisition proceedings.

3. Shri V.K.S. Chaudhary pointed out that the petitioner had earlier filed Writ Petition No. 44499 of 2004 which was dismissed on 20.11.2004 leaving it open to the petitioner to approach the Civil Court for the redressal of his grievances in accordance with law. A copy of the said judgment has been produced before the Court.

4. A perusal of paragraph 16 of the writ petition indicates that the petitioner instituted Original Suit No. 1085 of 2004 and it is alleged that some injunction is operating in favour of the petitioner but forcible possession has been taken by th