KHACHER SINGH Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) Petitioner's father, Sri Khacher Singh filed this writ petition on 11-10-1993, challenging the Notifications dated 24-1-1983 and 14-2-1983 under Sections 4 and 6 of the Land Acquisition Act (hereinafter referred to as the Act) respectively. Prayer for writ of mandamus directing the respondents to exempt the acquired area of plot No.8 from acquisition proceedings under Section 48 of the Act has also been made. An additional prayer for direction to respondents to decide the petitioner's representation regarding exemption to the said plot from the acquisition proceedings is also there. On 12-10-1993 this Court granted time to the learned counsel for the respondents to file counter affidavit and passed the following interim order staying the dispossession of the petitioner from the acquired land:

(2.) Respondents have filed counter affidavit and petitioner has filed rejoinder affidavit in reply thereto. We have heard learned counsel for the parties.

(3.) This writ petition is to be dismissed for two reasons, namely, (i) petitioner is guilty of concealment of relevant facts; and (ii) his earlier writ petition (Writ Petition No.8891 of 1983) against the same notifications, which have been impugned in the instant case, having been dismissed on 17-7-1985, this second writ petition is not maintainable.