UDIT RAM BARAI Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Articles 226 and 227 of the Constitution with the main prayer that a writ of mandamus be issued on the respondents quashing and cancelling the notification (Annexure A), dated the 25th July, 1962, issued by respondent No 2. Deputy Commissioner of Dhanbad.

(2.) The notification, which has been issued by the Deputy Commissioner of Dhanbad, is a notification under Section 4 of the Land Acquisi tion Act, 1894. It says that some land which have been described in the notification are "required to be taken by the Government at the expense of the Coal Field Co-Operative House Construction Society. Ltd., Dhanbad. for public purpose, viz., for construction of houses in the village of Hirapur." Towards the end of the notification, there is a paragraph, which reads:

(3.) Mr. Balbhadra Prasad Singh, who has appeared on behalf of the petitioner, has urged the following two points: (1) that the purpose mentioned in the notification is not a public purpose, and hence the entire notification ought to be struck down, and (2) that if is only within the power of the appropriate Government under Section 17(4) of the Act to dispense with the provisions of Section 5A, and that the notification speaks of Local Government, but, so far as the petitioner has been able to ascertain, even the State Government has hot issued any direction to this effect under Section 17(4). On this basis, he has prayed that the offending portion of the notification, i.e., the last paragraph, which I have quoted above, be struck down.