SACHINDRA NATH MUKHERJI Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution of India. The order of requisition No. 91/56 dated 6-10-1956, requisitioning premises No. 1/8, Dover Lane, Calcutta, is challenged. The requisition was made under Section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, (West Bengal Act V of 1947). The recital of purpose in that order was that the premises were needed for "a public purpose''. The order as produced by, the Senior Government Advocate is directed to be filed in these proceedings. Although that order describes one Sm. Jyotsnabala Chakravarty as the owner of the premises, it is not disputed on any affidavit here that the applicant is the owner.

(2.) The applicant seeks for a writ of mandamus directing the respondents to forbear from giving effect to the order of requisition dated 6-10-1956, in Requisition Case No. 91 of 1956 and, to cancel the same, and also for a writ of Certiorari to quash the proceedings.

(3.) The applicant challenges the order of requisition on four grounds. His first ground is that the purpose for which the premises were requisitioned was not a public purpose within the meaning of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947. His second objection is that even if it be regarded as a requisition under the said Act, the respondents have not complied with the mandatory provision of Section 3 (2) of that Act which provides that an order of requisition shall be served on the landlord and where it relates to premises let out to a tenant, also on such tenant. His third objection is that the minimum notice of ten days as provided in Section 4 (1) (a) of the Act has not been given. His fourth objection is that even the purpose for which the order of requisition was made having expired, the Government illegally and unlawfully continued the requisition instead of derequisitioning the same.