Honble GARG, J.–This writ petition under Article 226 of the Constitution of India has been filed by the petitioner on 13.11.1991 against the respondents with the prayer that by an appropriate writ, order or direction, the respondents be restrained from interfering with the possession of the petitioner over the land measuring 5 bighas in khasra No. 132 at Barsinghsar District Bikaner and further, if the respondents a re interested to take the land of the petitioner, they be directed to do so according to law and after paying legitimate compensation to the petitioner. (2). The case of the petitioner as put forward by him in this writ petition is as follows:- The petitioner applied for allotment of 5 bighas of land for establishment of its branch at Barsinghsar and as per request of the petitioner, 5 bighas of land was allotted to the petitioner and in Revenue Record, its name was also entered. Copies of the mutation and khatoni are marked as Annexs. 1 & 2 respectively. Later on, the petitioner applied for conversion of the above land for non-agricultural use and it was allowed by the respondent No.3-Collector vide order dated 15.2.1983, a copy of which is marked as Annex.3. The petitioner was handed over the possession of the above land and the petitioner is in possession of the above 5 bighas of land. The further case of the petitioner is that by Notification published in the Rajasthan Gazette under the provisions of the Land Acquisition Act, 1894 (hereinafter referred to as ``the Act of 1894), a great chunk of the land about 11000 bighas was announced for acquisition for establishment of Power Station at Barsinghsar for respondent No.2 and in the Notification which was issued for acquisition of land for respondent No.2, khasra No.132 belonging to the petitioner was not mentioned. The further case of the petitioner is that inspite of the fact that the land of petitioner was not included in the Notification issued under the provisions of the Act of 1894,, it has come to the notice of the petitioner that without completing the formalities under law, the land of the petitioner was being acquired forcibly. Therefore, the petitioner moved an application before the Land Acquisition Officer pointing out illegality alongwith the affidavit. A copy of the said application dated 17.8.1991 is marked as Annex. 4. Therefore, the petitioner moved an application before the Land Acquisition Officer pointing out illegality alongwith the affidavit. A copy of the said application dated 17.8.1991 is marked as Annex. 4. Thereafter, the Land Acquisition Officer by his letter dated 22.8.1991 informed the petitioner that no acquisition proceedings are in progress with respect to the land of the petitioner from his office. A copy of the said letter dated 22.8.1991 is marked as Annex. 5. Since the petitioner was quite certain that without any proceeding the petitioner was going to be dispossessed, therefore, the petitioner moved an application before the respondent No-3-Collector, Bikaner pointing out the same position. A copy of the said application dated 19.8.1991 is marked as Annex. 6. Inspite of repeated approaches before the Collector, no reply has been given to the petitioner and as such, the petitioner served a notice through advocate, a copy of which dated 22.8.1991 is marked as Annex.7. As no positive reply was received from the respondents and the respondents intend. to dispossess the petitioner from the land in dispute forcibly, therefore, the petitioner has tiled this writ petition. with the prayer as stated above. A reply to the writ petition was filed by the respondents No. 1 & 3 and in para No. 4 of the reply, it has been categorically averred by the respondents that no notification for acquiring the land of khasra No. 132 was issued under the provisions of the Act of 1894 and in that para, it was made clear by the-respondents that the land of the petitioner was not required by the respondent No.2. It has been further averred by the respondents that the petitioner was taking un-due advantage of the lacuna in the allotment order. The petitioner has been given possession in a portion of khasra No.132 which now bears a new khasra No.493 and that khasra No.493 is situated in west of the Barsinghsar to Jagla Road and the petitioner, has illegally made encroachment at a place east of Barsinghsar to Jagla Road. Hence, the writ petition filed by the petitioner be dismissed. (3). I have heard the learned counsel appearing for. the petitioner and. the learned counsel appearing for the respondents and gone through the materials available on record. (4). Hence, the writ petition filed by the petitioner be dismissed. (3). I have heard the learned counsel appearing for. the petitioner and. the learned counsel appearing for the respondents and gone through the materials available on record. (4). In Annex.1, which is a mutation of village Barsinghsar District Bikaner at serial No.5, there is a clear mention of the fact that land of 5 bighas belonging to khasra No.132 was entered in the name of the petitioner and Annex. 2, which is a khatoni, also endorses this mutation in favour of the petitioner. From order Annex.3 dated 15.2.1983 passed by the respondent No.3 Collector, Bikaner, it is also clear that the land of 5 bighas of Khasra No.132 was converted in the name of the petitioner. From Annex.5 dated 22.8.1991 issued by the Land Acquisition Officer, it is also clear that in respect of khasra No.132, proceedings for acquisition were not pending. (5). When this being the position, a legal right has accrued in favour of the petitioner in respect of 5 bighas of land in khasra No.132 in village Barsinghsar District Bikaner and thus, the petitioner is entitled to protect possession in respect of that 5 bighas of land in khasra No.132 unless and until the land is acquired under the provisions of the Act of 1894. (6). It may be stated here that this Court on 15.11.1991 passed stay order in favour of the petitioner by which the respondents were restrained from dispossessing the petitioner from the land in dispute. (7). Thus, in view of the above facts and circumstances of the case, the petitioner is entitled to the relief sought for and this writ petition deserves to be allowed. Accordingly, this writ petition filed by the petitioner is allowed and the respondents are restrained from interfering with. the possession of the petitioner over the land of 5 bighas in khasra No.132 of village Barsinghsar District Bikaner. However, it is made clear that if the respondents intend to acquire the land of the petitioner, they should follow the procedure prescribed under the act of 1894 and in other words, they are free to initiate acquisition proceedings against the petitioner as per the provisions of the Act of 1894.