JAGDISH SARAN Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Shri Navin Srivastava holding brief of Shri D. V Jais wal, the learned Counsel appearing for the petitioners (the heirs and legal repre sentatives of the sole deceased petitioner, Shri Jagdish Saran), and Shri Vinay Mal viya, learned Standing Counsel of the State of U. P. , representing the Respondent Nos. land 2,

(2.) BY means of instant writ petition, under Article 226 of the Constitution of India, it is prayed that this Court may issue a writ, order or direction in the nature of mandamus, commanding the Respondent Nos. 1 and 2 not to dispossess the petitioners from the eastern portion of the Plot No. 189, measuring 0. 34acres, situate in Village Mau, Tehsil and District Moradabad in pursuance of the notifica tion and declaration dated 2 ()th March, 1967 and 24th May, 1967, respectively, is sued under Sections 4 and 6 of the Land Acquisition Act, 1894, hereinafter called the Act.

(3.) AS noticed earlier, the award in pursuance of the notifications, issued for the purpose of acquiring the land in dis pute, was given by the Collector well within time. Under the circumstances, the Collector was, and is, legally empowered to take possession of the land in question. Issuance of any direction or writ in the nature of mandamus commanding the Respondent Nos. 1 and 2 not to dispossess the petitioners will be directly in con travention of the provisions of Section 16 of the Act. It cannot be gainsaid that no such writ can be issued by this Court in exercise of extraordinary and discretionary jurisdiction under Article 226 of the Con stitution of India which runs counter to the statutory provisions, which have not been either repealed or declared ultra vires.