GYAN ROY Vs. STATE OF BIHAR

JUDGEMENT

(1.) These two writ applications raise identical questions and hence they were heard together and are being disposed of by this common judgment.

(2.) There are four petitioners in C, W. J. C. No. 276 of 1987 (R) including Sri Gyan Roy who is petitioners No. 1. They have prayed for a writ quashing the notice dated 5 -1 -1987 (Annexure -2) issued by the Land Acquisition Officer, Ranchi whereby the aforesaid petitioner was required to appear for hearing of his objections on 74 -1987 and was also required to produce the documents upon which he placed reliance in support of his objections. The petitioners have also sought quashing of the order of the Additional Collector, Ranchi (Annexure -3) whereby he rejected the objections raised by the petitioners to the acquisition of the lands in question under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952. The petitioners have further sought quashing of the entire proceeding in Land Acquisition Case No. 2 (Mity) 86 -87 and have prayed that the respondents may be restrained from issuing any further notification.

(3.) This writ application had been filed on 6 -3 -1987 and was admitted for hearing on 11 -3 -1987. A counter affidavit was filed on behalf of respondent No. 5 on 24 -3 -1988 in which it was stated that a notification in Form -J had been published in the Ranchi District Gazette under the provisions of the Requisitioning and Acquisition of Immovable Property Act, 1952 (hereinafter referred to as "the Act") on 27 -2 -1987. The aforesaid notification was annexed as Annexure -C to the counter affidavit. The petitioners thereafter prayed for amendment of the writ application and sought quashing of the aforesaid notification (Annexure -C) issued under Section 4 of the Act.