GOBARDHAN JAYASWAR Vs. FIRST LAND ACQUISITION COLLECTOR

JUDGEMENT

(1.) THE petitioner's case in this application is as follows: the petitioner is the owner of premises, 13b, Bompus Road, Calcutta. The premises is divided into flats and the petitioner himself resides in one of the flats on the first floor. In the northern flat of the first floor, one Subodh Sarkar was a monthly tenant. The said Subodh Sarkar failed and neglected to pay rent far six months within a period of eighteen months. Thereupon, the petitioner duly determined the tenancy and filed a suit for ejectment in the Court of the First Munsiff at Alipur being Title Suit No. 168 of 1952. Subodh Sarkar contested the said suit, but on or about August 31, 1955 the suit was decreed and he was given four months' time to vacate the flat. 'since he did not vacate the flat within the time aforesaid, on or about June 28, 1956 the petitioner obtained an order in execution of the decree for police help for evicting Sarkar from the said flat.

(2.) THE petitioner states that on June 29, 1956 he left his home in the morning for his office and when he returned home at about 5-30 p. m. , he was told by his daughter-in-law that the said Subodh Sarkar had vacated the premises, that is to say, the flat in his possession, and had given possession of it to one Mrs. Sikharani Sen Gupta. The petitioner saw Mrs. Sen Gupta and her husband, whereupon he was informed that the flat had been requisitioned by the Government on June 29, 1956 and on the same day possession had been made over to Mrs. Sen Gupta by Subodh Sarkar. The petitioner further states that upon enquiry he discovered that on June 29, 1956 a notice was issued signed by one Mr. P. Dutt, Assistant Secretary to the State of West Bengal and the First Land Acquisition Collector, whereby the said northern fiat on the first floor of the said premises 13b Bompus Road was requisitioned and the petitioner was ordered to place the flat at the disposal of the respondent the First Land Acquisition Collector, on and from 2-30 p. m. of the same day, that is to say, June 29, 1956.

(3.) IN this application it is this order of requisition that is challenged. This Rule was issued on July 26, 1956 upon the respondents to show cause why an order should not be made and a writ in the nature of mandamus issued, calling upon the respondents to withdraw the said order of requisition, dated June 29, 1956 or why a writ in the nature of certiorari should not be issued quashing the said order and for other reliefs.