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1989 Supreme(MP) 97

A.G.QURESHI, S.K.DUBEY
Mohammad Shaft – Appellant
Versus
State of M. P. – Respondent


Advocates Appeared:
S.D. Sanghi and M.L. Agarwal for petitioner;
S.K. Kulshrestha, Government Advocate for State,
R.G. Waghmare for respondent No.3;

ORDER

S.K. Dubey, J.

1. By this petition, filed on 24-8-84, the petitioner seeks a writ for quashing the notification dated 12-4-84 issued under section 4 (1) and section 17(1) of the Land Acquisition Act, 1894 (for short, the Act), published in the M.P. Gazettee dated 20-4-84 annexed as annexure-6 and a notification dated 16-6-84 (Annexure 7-B) issued under section 6 of the Act published in the M.P. Gazette dated 27-4-84. On the ground that these notifications do not satisfy the requirements of the provisions of sections 4 and 17 of the Act and consequently, the entire acquisition proceedings are null and void.

2. According to the petitioner, his name has been mutated by the Revenue Authorities as Bhumiswami over the disputed land. Originally, the land belonged to one Ramtirth, who was the Bhumiswami of the land, who, before his death, executed a will in favour of the petitioner and on the basis of the will, the Revenue authorities ordered mutation, though the right of mutation has been challenged by Kanchanbai, the widow of the deceased, and Ramgopal, the brother of the deceased Ramtirth. An appeal is pending in this behalf. To satisfy that he has got an interest in the disputed lan




























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