A.S.ANAND, S.B.MAJMUDAR
Rajendra Kumar Gupta – Appellant
Versus
State Of U. P. – Respondent
JUDGMENT
S.B. Majmudar, J.-The appellants in this appeal by special leave have brought in challenge the order of a Division Bench of the High Court of Judicature at Allahabad dismissing the writ petition moved by the appellants before that Court. The appellants had challenged an order dated 29th October 1976 passed by the second respondent, District Magistrate-cum-Competent Authority, Kanpur, requisitioning 777 sq. yards and 7-1/3 sq. ft. of lands comprising of plot Nos. 36 and 36-A situated on the Mall, Kanpur in exercise of the powers of the second respondent under Section 23 of Defence and Internal Security of India Act, 1971 (hereinafter referred to as the Act ). The impugned order of second respondent merely mentioned that the said order of requisition was issued as it was necessary and expedient to requisition the property in question for maintaining supplies and services essential to the life of the community. The appellants were called upon by the said order to deliver by 15th November 1976 possession of the said immovable property to the Director, Handlooms and Managing Director of U.P. State Handloom and Powerloom Finance and Development Corporation Ltd., Kanpur, U.P., re
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