(1.) The present writ petition was moved on February 24, 1978, challenging, inter alia, an order of requisition, dated August 7, 1976, of the premises No.17, Girish Avenue, Calcutta, passed under Section 3 of the West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 (Act V of 1947) (hereinafter referred to as the 1947 Act), whereupon this Court issued a Rule and granted injunction in terms of prayer (f) for a limited period. An application for vacating interim order being filed on behalf of the State, considering the fact that the possession of the premises having already been taken by the State Government, this court passed no order on the said application, but fixed early hearing of the Rule by Order, dated June 29, 1978.
(2.) Unfortunately. although the hearing has been fixed by Amiya Kumar Mukherji, J, by His Lordship's Order, dated June 29, 1978, the hearing of the writ petition could not be commenced till this matter was mentioned before me in December 1987, and the matter was heard-in-part by me on February 16, 1988, February 18, 1988 and March 22, 1988, when the hearing was concluded and the judgement was reserved.
(3.) During the pendency of the writ petition in this for a decade, two applications for amendment of the writ petition were filed, one on August 25, 1978 whereby paragraphs 22A, 22B, 22C and corresponding grounds (j), (k), (l) and (m) were taken and the said application was allowed by B.C. Ray, J, by His Lordship's Order, dated August 13, 1981. The second amendment which has been necessitated because of the pendency of the petition for years in this court, and because of recent Supreme Court judgement in the case of H. D. Vora vs. State of Maharashtra A.I.R. 1984 S.C. 866 and Jiwani Kumar Paraki vs. First Land Acquisition Collector, Calcutta & Ors. A.I.R. 1984 S,C. 1707 whereby paragraphs 22D, 22E and 22F and corresponding grounds Nos. (n), (o) and (p) were taken and additional prayers (e), (f) and (g) were taken and allowed on the basis of the Supreme Court judgements reported in A.I.R 1984 S.C. 866 and A.I.R. 1984 1707.