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1958 Supreme(Cal) 14

P.B.MUKHARJI
SACHINDRA NATH MUKHERJI – Appellant
Versus
STATE OF WEST-BENGAL – Respondent


Advocates Appeared:
D.N.Basu, NALINI RANJAN BHATTACHARJI, NIRMAL CHANDRA CHAKRAVARTY

P. B. MUKHARJI, J.

( 1 ) THIS is an application under Article 226 of the Constitution of India. The order of requisition No. 91/56 dated 6-10-1956, requisitioning premises No. 1/8, Dover Lane, Calcutta, is challenged. The requisition was made under Section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, (West Bengal Act V of 1947 ). The recital of purpose in that order was that the premises were needed for "a public purpose''. The order as produced by, the Senior Government Advocate is directed to be filed in these proceedings. Although that order describes one Sm. Jyotsnabala Chakravarty as the owner of the premises, it is not disputed on any affidavit here that the applicant is the owner.

( 2 ) THE applicant seeks for a writ of mandamus directing the respondents to forbear from giving effect to the order of requisition dated 6-10-1956, in Requisition Case No. 91 of 1956 and, to cancel the same, and also for a writ of Certiorari to quash the proceedings.

( 3 ) THE applicant challenges the order of requisition on four grounds. His first ground is that the purpose for which the premises were requisitioned was not a public purpose within




























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