HIRALAL JALAN Vs. STATE OF BIHAR

JUDGEMENT

(1.) In this case the petitioners have applied to the High Court for the grant of a writ in the nature of certiorari to call up and quash an order of the State Government dated the 21st of March, 1955, requisitioning a portion of the premises known as "The Patna Law Press Building'' in hold-ing No. 46 on the Dak Bungalow Road in the Patna Municipal Corporation area. Cause has been shown by the learned Government Pleader on behalf of the State of Bihar and the other respondents to whom notice of the application was ordered to be given.

(2.) The petitioners state in their affidavit that they are the joint owners of the premises Known as "The Patna Law Press Building" in holding No. 46 on the Dak Bungalow Road. The petitioners have let out a portion of the premises of a total floor area of 6500 square feet to the National Cadet Corps (Bihar Branch) for being used as their godown and office. It appears that the National Cadet Corps (Bihar Branch) needed more space for their office and, therefore, the State of Bihar requisitioned five mere rooms under the provisions of Section 3(1) of the Bihar Premises Requisition (Temporary Provisions) Act of 1949 (Bihar Act 15 of 1950). The order of requisition was made on the 21st of March, 1955, by the State Government. That order is annexure II of the affidavit of the petitioners. The petitioners, further allege that on the 31st of March, 1955, an order was made by the Collector of Patna under Section 3, Sub-section (5), of the Statute, authorising Mr. L. L. Sinha, Deputy Magistrate and Deputy Collector, to enter and take possession of the premises. The allegation of the petitioners is that the notice required to be given under the proviso to Section 3 of Bihar Act 15 of 1950 was not given to all the joint owners of the premises. It was also contended that the premises in dispute are being used as show-rooms for the Jalan Safe and Steel Furniture Ltd., and so the State Government had no authority to make an order of requisition under Section 3 (1). It was also contended the State Government had no authority to requisition premises under Act 15 of 1950 for the purpose of the National Cadet Corps. The contention of the petitioners was that the provision of accommodation for the National Cadet Corps was a Union purpose and not a State purpose and, therefore, the State Government had no auhority to make the requisition under Section 3 for that purpose.

(3.) A counter-affidavit has been filed, on behalf of the State of Bihar.