S.K. Dubey, J.

1. This is a letters patent appeal under Clause 10 of the Letters Patent Appeal Rules, against the judgment and decree passed on 23-11-1993 in First Appeal No. 72 of 1991 by a learned Judge of this Court confirming the judgment and decree passed by the trial Court dismissing the suit of the plaintiffs-appellants for declaration that the suit land of the appellants cannot be acquired and the acquisition proceedings once dropped by the Land Acquisition Officer, for short, the LAO, vide order dt. 30-7-1973, could not be reopened at the instance of the Gram Panchayat for whom the land was acquired.

2. The notification for acquisition of the land under Section 4 of the Land Acquisition Act, 1894 (for short, the 'Act'), was issued on 16-4-1969. During the enquiry under Section 11 of the Act, the Gram Panchayat stated before the LAO that the Gram Panchayat has no-funds, therefore, the proceedings be dropped. On that, the LAO dropped the proceedings and ordered that the matter be referred for denotifying acquisition. After some time, Gram Panchayat made a prayer to the LAO that as the funds are now available, therefore, enquiry under Section 11 be concluded and the awa