NALINI MOHAN CHOWDHURY Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) THIS is a petn. filed under Article 226, Const. Ind. praying for the issue of a writ of certiorari or mandamus in respect of an order of requisition made by the Dist. Mag. of Malda.

(2.) I would state at the outset that a writ of certiorari is not appropriate, but that this is a case in which the Ct. can be asked to issue a mandamus if the facts are established as suggested.

(3.) IN Oct. 1948, Tarapada Das came to reside at Malda and lived in a house which he rented. He eventually applied to the Dist. Mag. who requisitioned a part of the house, of which the petnr. was tenant. The order requisitioning a part of the premises was made on 12 -10 -1949 and on 17 -10 -1949, Tarapada Das was put in possession of the part so requisitioned and the petnr. was left with practically only one room.