Judgment

SUBBA RAO, J. : The petitioner owns a tea estate called the Urrunabund Tea Estate in village Udarbund in the District of Cachar in the State of Assam. The extent of the Tea Estate is about 2682 acres. Out of the said area 553.73 acres are under tea cultivation and the rest, according to the petitioner, is utilised for the purpose of tea industry and for purposes connected with the said industry. The respondents do not admit this fact and state in the counter-affidavit that the remaining area is lying fallow and unutilised. On December 4, 1959, the Deputy Commissioner of Cachar at Silchar, respondent No. 2, issued a notification requisitioning all area of183 bighas of land of the said Tea Estate, and by another notification dated December 5, 1959, he requisitioned another extent of 149 bighas 19 cottahs and 11 chattacks of land of the said Tea Estate. The petitioner filed two petitions in this Court under Art. 32 of the Constitution praying for the issue of writs of mandamus directing the respondents to forbear from giving effect to the said orders.

2. Learned counsel appearing for the petitioner raised before us two contentions namely, (i) tea industry is a matter for exclus