Petition for a Writ of Mandamus by Shiva

Petition for a Writ of Mandamus

IN THE HON’BLE HIGH COURT OF JUDICATURE AT . . . . .

(Original Civil Jurisdiction)

Writ Petition No. . . . . . . . . . . . . of . . . . . . . . . . . . 20 . . . . . .

A. B., son of . . . . . . . . . . . . resident of . . . . . . . . . . . Petitioner;

Versus

1. Collector, . . . . . . . . . . . .District

2. State of . . . . . . . . . . . .                                ??Respondents.

Petition under Article 226 of the Constitution

for the issue of a writ of mandamus.

To

The Hon’ble the Chief Justice and his companion Judges of the Hon’ble High Court of Judicature at . . . . . . . . . . . .

The above named Petitioner begs to submit as under:

1. That the Petitioner is the owner of a plot of land numbered . . . . . . . . . . . in . . . . . . . . . . . . at . . . . . . . . . . . . detailed in Annexure ‘‘A’’ to this petition.

2. That on . . . . . . . . . . . . a notification under Section 4 of the Land Acquisition Act, 1894, was published that certain land including the Petitioner’s aforesaid plot was needed for a public purpose.

3. That the Petitioner filed objections to the proposed acquisition of his plot under Section 5-A of the Act.

4. That the objections filed by the petitioner were heard by the Collector on . . . . . . . . . . . . and thereafter he submitted his report with recommendations to the State Government.

5. That the State Government accepted the report and recommendations of the Collector and rejected the objections filed by the petitioner.

6. That on . . . . . . . . . . . . the State Government made the declaration under Section 6 of the Act.

7. That on . . . . . . . . . . . . the Petitioner received a notice under Section 9 of the Act, to state his claim to compensation for his plot which was under acquisition.

8. That on . . . . . . . . . . . . the Petitioner filed his claim to compensation claiming Rs. . . . . . . . . . . . . as compensation for the acquisition of his plot.

9. That on . . . . . . . . . . . . the Collector gave his award determining a sum of only Rs. . . . . . . . . . . . . as compensation for the Petitioner’s plot.

10. That the award was filed in the Collector’s Office and notice of the same was given to the Petitioner.

11. That the compensation awarded by the Collector for the Petitioner’s plot was grossly inadequate and the Petitioner did not accept it. On . . . . . . . . . . . . the Petitioner made an application under Section 18 of the Act to the Collector requesting that the matter be referred for determination to the District Judge.

12. That though under Section 18 the Collector was bound to refer the matter of compensation to the District Judge he has declined to do so.

It is, therefore, most respectfully prayed that a writ, direction or order in the nature of mandamus be issued to Respondent No. 1 directing him to refer the matter of compensation for the Petitioner’s plot for determination to the District Judge . . . . . . .

A. B.

Dated . . . . . . . . . . . .                                                   (Petitioner)

. . . . . . . . . . . . . .

(Counsel for the Petitioner)

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