MAHESH CHANDRA Vs. STATE OF U P

JUDGEMENT

(1.) IN the instant writ petition filed under Article 226 of the Constitution of India, the petitioners have prayed for the following reliefs :

(2.) SHORTLY stated, petitioners' case is that they are the Bhumidhars of Plot No. 322 of village and Tehsil Khairagarh in the District of Agra. Without their knowledge, the said plot was acquired under the Land Acquisition Act (hereinafter referred to as 'the Act') and necessary correction was made in the revenue record in the name of the State without issuing any notice to them. It is urged that though acquisition was made for some public purpose and notification was issued under Sections 6 and 9 of the Act and symbolic possession was taken on 7 -8 -1982, but after acquisition, neither any development was made nor compensation was paid and petitioners were allowed to continue to possess as before. So, they filed a civil suit bearing O.S. No. 306 of 1982 for permanent injunction against the State and its officials and ultimately it was decreed by the XVI Additional Munsif, Agra vide judgment and order dated 31 -5 -1984. Appeal preferred by the State was also dismissed for default.

(3.) LEARNED Standing Counsel has filed a written note of submission challenging the maintainability of the wit petition and also questioning the legality of the decree passed by the Civil Court. It is stated that notifications under Sections 4, 6 and 9 of the Act were issued on 16 -2 -1982, 13 -3 -1982 and 26 -9 - 1982 respectively. After issuance of notification under Section 4, Section 17 was invoked and possession was taken and thereafter, necessary entries were made in the revenue records. In Khasra and Khatauni, plot in question has been shown as State's property. Predecessor in interest of the petitioners filed civil suit bearing O.S. No. 306 of 1982 against the State seeking relief of prohibitory injunction and the suit was decreed on a short point that no publication of notification was made in two local newspapers.