SHYAM SWARUP SAKSENA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This writ petition has been filed by Shyam Swamp Saksena praying that a writ of mandamus, certiorari or any other appropriate writ or direction may be Issued restraining opposite parties Nos. 1 to 3 from continuing the proceedings for the acquisition of the land in village Sheikhapur, pargana, tahsil and District Lucknow, mentioned in the notice purporting to be under Section 9 (3) of the Land Acquisition Act (1 of 1894) and for quashing the said notice and all notifications and orders in con-nection with the aforesaid proceedings. The opposite parties Nos. 1 to 3 in the writ petition are :

(2.) The petitioner is the purchaser of a share in a portion of two plots, viz., plots Nos. 551/1 and 652/2, situate in village Sheikhapur, pergana, tahsil and district Lucknow from one Ram Sumiran Singh. The total area of the two plots was two Bighas and one Biswa. Ram Sumiran Singh held both these plots originally as a sirdar. On the 25th June, 1954, he obtained a bhumidhari sanad in respect of these plots under Section 137 of the U. P. Zamindari Abolition and Land Reforms Act, 1950, by paying ten times the land revenue in respect thereof. Out of the total area of 2 Bighas and one biswa, by a sale deed dated the 7th August, 1955, Ram Sumiran Singh sold one Bigha and 17 biswas to two persons, viz., Shyam Swarup Saksena, who is the petitioner, and Suresh Chand Rupainwar, who is opposite party No. 4, in this petition. The share of the petitioner in the property sold was 3/4th and the share of the opposite party No. 4 was one-fourth. The remaining four biswas were transferred to two other persons, viz. Saligram and Sheo Ratan on the same date.

(3.) Village Sheikhapur was the subject-matter of acquisition proceedings under the Land Acquisition Act (Act No. 1 of 1894) hereinafter referred to as "the Act." The preliminary notification under Section 4 of the Act was issued on the 26th September, 1945. This notification fs appended as Annexure 1 to the writ petition. It indicates that seventeen villages, including Sheikhapur, were intended to be acquired by the Government. The purpose of acquisition, as stated in the said notification, is: