FERDINAND ALOYSIUS FRANCIS MIRANDA Vs. STATE OF MAHARASHTRA

JUDGEMENT

(1.) The father of the petitioner owned a house known as "The Gabion", standing on Plot No. 148 P. at St. Alexius Road, Bandra, Bombay, The father of the petitioner died on Jan. 23, 1945, and on his death, the mother and real brother of the petitioner obtained probate from this Court. The petitioner was minor at that time. Subsequently, in April 1, 1948, the first floor of this building was requisitioned by the Government of Bombay, in exercise of the powers under Sections 3 and 4 of the Bombay Land-Requisition Ordinance, 1947. It is required to be stated that the order of requisition nowhere indicates the purpose much less a public purpose. The premises were requisitioned for the benefit of one G. V. Thadani. This G. V. Thadani obtained the possession of the first floor of the building and started residing there with his real brother, one T. V. Thadani. Mr. G. V. Thadani the respon-pondent No. 3 to this petition is a bachelor and he was residing in the premises with his brother original respondent No. 4. Respondent No. 4 subsequently married and brought his wife also to reside in this premises. It appears that Mr. G. V. Thadani, for whose benefit the premises were requisitioned, left the premises and went to Poona and settled there, and the pre-mises continued to remain in possession of his brother original respondent No. 4 and his wife.

(2.) The petitioner became major and by a Deed of Transfer executed by his mother and brother, became owner of the property on March 7, 1963. The petitioner, in the meantime, was in need of the premises, and accordingly addressed a letter dated April 1, 1967 to the Controller of Accommodation, requesting that the premises should be de-requisitioned. The prayer was turned down and a second application also met with the same fate. Thereafter, the petitioner has filed the present petition under Article 226 of the Constitution, praying that a writ of mandamus be issued against respondents 1 and 2 directing them to pass an appropriate order of de-requisitioning the premises and returning possession to the petitioner.

(3.) There are certain events which have taken place subsequent to the filing of this petition in this Court on December 17, 1968. I have indicated hereinabove that the petitioner claims that Respondent No. 3 left the premises and went to Poona in the year 1958 and thereafter the premises were in occupation of his brother and brother's wife. The brother of Respondent No. 3 died in May 1975 leaving behind his widow and a son. The widow is residing in the requisitioned premises at present. The Petitioner contends, and it is not disputed, that the widow of Respondent No. 4 has acquired a flat in building "Belle View" situated at Bhulabhai Desai Road, Bom-bay, on ownership basis and the son of Respondent No. 4 is not in need of the requisitioned premises.