AWADH BIHARI THAKUR Vs. STATE OF BIHAR

JUDGEMENT

(1.) 1. In this case the petitioner Awadh Bihari Thakur has obtained a rule calling upon the opposite parties to show cause why a writ under Article 226 of the Constitution of India should not be issued to quash a notice served upon the petitioner under Section 4, Bihar Premises Requisitioning (Temporary Provisions) Act, 1949.

(2.) THE notice which is challenged is annexure 'A' to the application. THE notice is in the following terms : "Whereas the premises described in Schedule I below have been requisitioned under the provision of Section 3 of the Bihar Premises Requisitioning (Temporary Provisions) Act, 1949 (Bihar Act XV of 1950); Now therefore in exercise of the powers conferred by section 4 of the aforesaid Act, I hereby direct Shri Awadh Bihari Thakur, Typist of the High Court, tenant/occupier of the premises to vacate the said premises on or before 1-8-53 when possession thereof will be taken on behalf of the State Government. SCHEDULE I (Particulars of the Premises) House opposite Kotwali P.S. bearing holding No. 89, Circle No. 6 belonging to Shree Akleshwari Sahay of Bhagalpur. 342M 27. Sd/-Illegible, Collector of Patna."