SURENDRA KUMAR NATHANY Vs. STATE

JUDGEMENT

(1.) Both the matters raise common question of law and facts and have been heard together for reasons of convenience.

(2.) The Matter No. 177 of 1988 has been filed by the owner of the premises No. 135E, F, G and H of Shyama Prosad Mukherjee Road, Calcutta on 15-2-1988 praying for a writ of Mandamus to withdraw, cancel and rescind the purported decision, if there be any, for acquiring the above property either under the Land Acquisition Act or under the West Bengal Land (Requisition and Acquisition) Act, 1948 or under the West Bengal Premises (Requisition and Control) (Temporary Provisions) Act, 1947 and to forthwith give quiet, peaceful and vacant possession of the said property to the petitioners.

(3.) This writ petition has been filed on the following allegations: The premises No. 135E, F, G and H of Shyama Prosad Mukherjee Road, Calcutta has been kept by the Respondent under' requisition by the requisition order No. 62/ 54 dated May 8, 1959 under S.2(1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947. When even after the expiry of 26 years the Respondent has been using and occupying the property under orders of requisition but has neither de-requisitioned nor acquired the property the petitioners have moved a writ petition being C. O. No. 11759(W) of 1985 and on hearing both the petitioners and the respondents Mukul Gopal Mukherjee, J. has disposed of the said writ petition by the order dated August 12, 1986 by directing the State Government among others to take necessary steps for acquiring the property in accordance with law within six months from the date pf the order failing which to de-requisition the property.