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Judgment
Rajesh Sekhri, J
The petitioner claims to be owner in possession of land under Khasra Nos.936 and 937 situate at Mouza Brari Nambal Naqashpora Babademb Road, Srinagar. Allegation of the petitioner is that respondents are trying to forcibly excavate and construct a drainage through her proprietary land without adopting due process of law. Such action of the respondents is stated to be arbitrary, unfair and unconstitutional because the petitioner is recorded lawful owner of the land in question. According to the petitioner, the respondents have neither notified nor declared that any part of the land in question is required for the public purpose.
The petitioner seeks mandamus to the respondents to initiate acquisition proceedings under the Land Acquisition Act for acquiring her land provided it is required for the public purpose as also a writ of prohibition restraining the respondents from taking forcible possession of the land in question without adopting due procedure of law.
Given the nature of controversy involved, the present petition is disposed of at this stage with a direction to the respondents not to acquire the land of the petitioner under Khasra Nos.936 and 937 situate at Mouza Brari Nambal Naqashpora Babademb Road, Srinagar, without following due procedure of law.