SUDHINDRA NATH DATTA Vs. SAILENDRA NATH MITRA

JUDGEMENT

(1.) THIS is an application for a mandamus directing the respondent to show cause why a mandatory order should not issue for the cancellation of a certain order of requisition made by the respondent as an officer of Govt. There was an alternative prayer for a writ of prohibition prohibiting the respondent from giving effect to a pretended order of requisitioning.

(2.) THE petitioner is the owner of certain premises known as 13 Ballygunge Circular Road in the city of Calcutta.

(3.) IT was contended on behalf of the petitioner that the order of requisition in this case is not warranted by any provision of law. The order purports to have been made under S. 3 (1), West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947 (Act V (5) of 1947).