AGARWALA, J. :- This is an application praying that a writ of mandamus or certiorari restraining the opposite party from proceeding with the acquisition of the applicants land may be issued and the proceedings may be quashed as being ultra vires, without jurisdiction and an abuse of the provisions of the Land Acquisition Act.

2. The dispute in the case relates to a dilapidated house (or as the opposite party alleges a vacant piece of land) bearing old assessment No.767 and present assessment No.802 situate in Satghara Chatta Bazar, in the city of Mathura. The opposite party No.2, the Provincial Arya Pratinidhi Sabha, wanted to acquire the disputed property to commemorate the memory of Swami Birja Nand, the Guru of Swami Daya Nand, the founder of the Arya Samaj, by building a library and a Yagyashala. On 4th October 1948 a notification was issued by the Local Government under S.4, Land Acquisition Act, 1894, inviting objections under S.5-A of the said Act. The notification mentioned the fact that the land was needed for a company and the purpose specified was for "constructing a public library and a Yagyashala by the Provincial Arya Pratinidhi Sabha." The applicant filed obj