Jindra Lal, J. - (1.) THIS is a petition under Articles 226 and 227 of the Constitution of India praying that order dated the 24th of March 1961 and 26th of May, 1962 passed by the Land Acquisition Collector Kangra district be quashed and further paying that the Land Acquisition Collector Kangra may be directed by the issue of a writ of mandamus to make a reference to the Court under Section 18 of the Land Acquisition Act. The Land Acquisition Collector Kangra is Respondent No. 1 but although served he has not entered appearance nor does he contest the petition which is only contested by Respondents No. 2 to(sic)5.
(2.) THE point involved in the petition is not very complicated but in order to appreciate the different contentions of the parties it will be necessary to give some facts. On the 18th of October 1926 some land was mortgaged by R. S. Kanhaya Lal, head of the family of Respondents Nos. 2 to 6, in favour of Khazana Mal Tulsi Ram, and in February 1927 mutation was entered with regard to the above transaction in the revenue records. In the year 1936 half share of these mortgagee rights was sold in a Court auction in favour of Basanta Mal father of the Petitioners, he being the highest bidder at Rs. 800/ -. He was also a decree -holder against the mortgagor. On the 30th of October 1939 a mutation was effected with regard to this half share of mortgagee rights in favour of Basanta Mal. In 1860 proceedings were taken by the Collector for the acquisition of some land in the village of Paprola including the mortgaged land. Notifications under Sections 4 and 6 of the Lend Acquisition Act, 1894, were issued.
(3.) ON the 6th of March 1961 an order was passed by the Collector, which is annexure 'A' to the petition, under the Land Acquisition Act in which it was ordered that notice under Section 9(a) of the Land Acquisition Act should be delivered to the Patwari, Halqa Paprola, and he should be instructed to deliver a copy of the notice to each owner after obtaining a receipt and that the parties should appear before the Court of the Revenue Assistant exercising powers of Land Acquisition Collector on the 22nd of March, 1961. It was also ordered that a copy of the notice should be affixed at the spot and a report be made in the roznamcha of the events.;