JUDGMENT : - In this case the petitioner has obtained a rule from the High Court calling upon the respondents to show cause why the notification of the State Government under Sec.4 of the Land Acquisition Act, dated the 8th October, 1958, and subsequent amendments of the notification by notifications dated the 5th February, 1960 and the 2nd June, 1960, and another notification dated the 2nd June, 1960, of the State Government under Sec.6 of the Land Acquisition Act should not be quashed by grant of a writ in the nature of certiorari under Art.226 of the Constitution. 2. Cause has been shown by the Secretary of the Narayani Kanya Pathshala, who is respondent No.4 to the application. A counter-affidavit has also been filed on behalf of respondent No.1, the Land Acquisition Officer of Patna. 3. The first notification dated the 8th October, 1958, under Sec.4 of the Land Acquisition Act is annexure-B to the application and is to the following effect: "No. D.L.A.P.290/58-10420-R. Whereas it appears to the Government of Bihar that land is required to be taken by Government at the public expense for a public purpose, viz. for development of Narayani Kanya Pathshala at Patna City in the village of Kolodari No.18, Pargana Azimabad, zila Patna, it is hereby notified that for the above purpose a piece of land measuring, more or less, 3 bighas 5 kathas 13.184 chitaks of standard measurement equivalent to 1.088 acres, bounded on the x x x x x x x is required within the aforesaid village of Kolodari No.18. This notification is made, under the provisions of Sec.4 of Act I of 1894, to all whom it may concern. A plan of the land may be inspected in the office of the Land Acquisition Officer, Patna. Objection to the acquisition, if any, filed under sec.5-A by any person interested within the meaning of that section within 30 (thirty) days after the date of publication of this notification in the official gazette, before the Land Acquisition Officer, Patna will be considered. By order of the Governor of Bihar. The 8th October, 1958" Sd. S.M. Naqavi, Dy. Secy. This notification under Sec.4 of the Land Acquisition Act was amended by subsequent notifications dated the 5th February, 1960, and the 2nd June, 1960, which are annexures G and I to the application and read as follows: "Erratum The 5th February, 1960. By order of the Governor of Bihar. The 8th October, 1958" Sd. S.M. Naqavi, Dy. Secy. This notification under Sec.4 of the Land Acquisition Act was amended by subsequent notifications dated the 5th February, 1960, and the 2nd June, 1960, which are annexures G and I to the application and read as follows: "Erratum The 5th February, 1960. No. D.L.A.P-244/59-1335-R.-In notification no. D.L.A.P-290-58/10420-R, dated 8th October, 1958, published at page 3374, Part II, of the Bihar Gazette of 29th October, 1958, regarding acquisition of land for development of Narayani Kanya Pathshala in Patna City, Pergana Azimabad, district Patna, read as follows: (1) In the 4th line read at the cost of Secretary, Narayani Kanya Pathshala for at the public expense. (2) In the 10th to 12th line read 3 bighas 7 kathas 9.256 chitaks of standard measurement, equivalent to 1.117 acre for 3 bighas 5 kathas 13.184 chitaks of standard measurement equivalent to 1.088 acres. (3) In the 25th line delete S.P. No.1085 (4) In the 32nd to 33rd lines add S.P. No.1082. By order of the Governor of Bihar S.M. NAQAVI, Dy. Secy." "The 2nd June, 1960. No. D.L.A.-P-244/59-6767-R In notification No. D.L.A.P-290-58/10420-R, dated 8th October, 1958, published at page 3374, Part II of the Bihar Gazettee of 29th October 1958 regarding acquisition of land for development of Narayani Kanya Pathshala at Patna City, in the district Patna, read as follows : (1) In the 4th line read at the expense of the secretary Narayani Kanya Pathshala, Patna, City, for at the public expense. X x x x x x x x This cancels erratum No. D.L.A.P.-244/59-1335-R., dated the 5th February, 1960, published at page 994, Part II of the Bihar Gazette, dated 9th March, 1960. By order of the Governor of Bihar, S.M. Naqavi, Dy. Secy. There was a declaration under sec.6 of the Land Acquisition Act, published by the State Government on the 5th February, 1960, which is annexure-E to the application, and reads as follows: The 5th February, 1960. By order of the Governor of Bihar, S.M. Naqavi, Dy. Secy. There was a declaration under sec.6 of the Land Acquisition Act, published by the State Government on the 5th February, 1960, which is annexure-E to the application, and reads as follows: The 5th February, 1960. No. D.L.A.P.244/59-1336-R. Declaration:- Whereas it appears to the Government of Bihar that land is required to be taken by Government at the expense of the Secretary, Narayani Kanya Pathshala, for a public purpose, viz., for development of Narayani Kanya Pathshala at Patna City in the village of Keledari No.18, pargana Azimabad, Zila Patna, it is hereby declared that for the above purpose a piece of land measuring more or less 3 bighas 7 kathas 9.256 chitaks of standard measurement, equivalent to 1.117 acres bounded on the X X X X X X X X is required within the aforesaid village of Kolodari No.18. This declaration is made, under the provisions of sec.6 of Act I of 1894 and sec.3, cl. (1) of Act XVIII of 1885, to all whom it may concern. A plan of the land may be inspected in the office of the Land Acquisition Officer, Patna. By order of the Governor of Bihar S.M. Naqavi, Dy. Secy." This declaration was, however, cancelled by a subsequent declaration published on the 2nd June, 1960, which is annexure-H to the application, and is to the following effect : "The 2nd June, 1960. No. D.L.A.P-244/59-6768-R. DECLARATION :- Whereas it appears to the Government of Bihar that land is required to be taken by Government at the public expense for a public purpose, viz., for development of Narayani Kanya Pathshala at Patna City, appertaining to Mohalla Kachauri Gali, Ward No.26, Sheet Nos.242 and 243 of P.M., Pergana Azimabad, Zila Patna, it is hereby declared that for the above purpose a piece of land measuring more or less 3 bighas 7 kathas 9.256 chitaks of standard measurement, equivalent to 1.117 acres bounded on the- X x x x x x x x is required within the aforesaid Mohalla of Kachauri Gali, ward No.26, Sheet Nos. 242 and 243. This declaration is made, under the provisions of sec.6 of Act I of 1894 to all whom it may concern. A plan of the land may be inspected in the office of the Land Acquisition Officer, Patna. 242 and 243. This declaration is made, under the provisions of sec.6 of Act I of 1894 to all whom it may concern. A plan of the land may be inspected in the office of the Land Acquisition Officer, Patna. This cancels declaration No.1336-R, dated the 5th February, 1960, published at page 662, part II of the Bihar Gazette, dated the 17th February, 1960. By order of the Governor of Bihar S.M. Naqavi, Dy. Secy." 4. The argument put forward on behalf of the petitioner is that the three notifications under S.4 of the Land Acquisition Act are ultra vires because there is a statement of the Government that the land is required to be taken not at public expense but "at the cost of the Secretary, Narayani Kanya Pathshala". It was pointed out that in the first notification dated the 8th October, 1958, the phrase used was "at the public expense", but this statement was corrected by a subsequent notification dated the 5th February, 1960, and the phrase "at the cost of the Secretary, Narayani Kanya Pathshala" was substituted. It was argued on behalf of the petitioner that no declaration under Sec.6 of the statute should be made unless the compensation to be awarded for such property was to be paid by a Company, or wholly or partly out of public revenue or some fund controlled or managed by a local authority. It was submitted that Sec.4 of the statute has to be read in the context of section 6 and it was clear that no preliminary notification under Sec.4 could be made by the State Government unless the land is needed for any public purpose and the compensation of such land was intended to be paid wholly or partly out of public revenues or some fund controlled or managed by a local authority. In our opinion the argument put forward on behalf of the petitioner is well founded and must be accepted as correct. It is manifest that in the present case there is a notification under Sec.4 which expressly states that the compensation is to be paid for by the Secretary of the Narayani Kanya Pathshala. We hold, therefore, that in the present case the notification of the State Government under Sec.4 of the Land Acquisition Act which are annexures G and I at pages 56 and 59 are ultra vires and illegal. We hold, therefore, that in the present case the notification of the State Government under Sec.4 of the Land Acquisition Act which are annexures G and I at pages 56 and 59 are ultra vires and illegal. It follows, therefore, that the subsequent declaration of the State Government under Sec.6 of the Land Acquisition Act must be held to be illegal and ultra vires and must be quashed by grant of a writ in the nature of certiorari under Art.226 of the Constitution. 5. The point of law arising for determination in this case is covered by a recent decision of the Supreme Court in Jhandu Lal v. State of Punjab 1961-1 SCJ 529 at p.533 : ( AIR 1961 SC 343 at p.346) where the matter has been elaborately examined. 6. We should also add that the Additional Government Pleader appearing for respondents Nos.1 to 3 in this case, conceded that the notifications of the State Government under Sec.4 of the Land Acquisition Act and also the declaration made under Sec.6 of the statute are ultra vires and illegal. 7. For these reasons we hold that this application must be allowed and a writ in the nature of certiorari under Art.226 of the Constitution must be granted for the purpose of quashing the notifications of the State Government which are annexure B, G and I to the application, and are dated the 8th October, 1958, the 5th February, 1960, and the 2nd June, 1960, and also for quashing the declaration of the State Government dated the 2nd June, 1960, which is annexure-H to the application. 8. We accordingly allow this application. There will be no order as to costs. Application allowed.