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  • Petitions & Pleadings / WRIT-OF-MANDAMUS-Petition-under-Article-226-of-the-Constitution

Petitions & Pleadings

WRIT OF MANDAMUS

 IN THE HON’BLE HIGH COURT OF JUDICATURE AT_____

(Original Civil Jurisdiction)

Writ Petition No ___________ of _________20_________

________ son of _________resident of _________

Petitioner.

VERSES

1. Collector, _________.District

2. State of   _________.                              

Respondents.

 The petition is 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 abovenamed 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 a 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 _______________

                                                                                                                                          AA. 

Dated _________.                                                                                                           (Petitioner)

                                                                                                                   ___________________

 

                                                                                                                (Counsel for the Petitioner)


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