( 1 ) ON the 16th August, 1958, the State of West Bengal requisitioned three rooms on the first floor and one room on the second floor of premises No. 153/34, Acharya Prafulla Chandra Road, Calcutta-6 from Suriya Properties Pvt. Ltd. These rooms were allotted for residential purposes of Shri Chandrahas Dey, an employee of the State Government who was working at the material time at the Lake Depot of the State Transport Corporation.

( 2 ) ON April 1, 1965, Chandrahas was transferred to Durgapur. He requested the State Government that the requisitioned property should be transferred to Santimoy Dey, the present appellant, who was ao Upper Division Clerk of the Health Department of the Government and a younger brother of Chandrahas. He asked for this transfer to enable the members of his family to reside in the requisitioned premises. The Government of West Bengal, it appears, complied With the request. Thereupon Suriya Properties Private Limited, as the owner of the premises, filed an application under Article 226 being Matter No. 394 of 1965, challenging the said transfer. Santimoy Dey was a party to this application.

( 3 ) MR. Justice Ghose, on the 17th