( 1 ) THE appellant, Anderson Wright and Co. , a partnership firm has preferred this appeal against the judgment of Amiya Kumar Mookerji, J. whereby the learned Judge has discharged the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution of India.

( 2 ) IN the writ petition, the appellant challenged an order of requisition dated Sept. 28, 1977 of the State Government issued under Section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act V of 1947), hereinafter referred to as the Act. By the said order, the entire northern block of the third floor, servants' quarters on the top floor and the garage in the ground floor of premises No. 7, Red Cross Place (formerly 7, Welleslay Place), Calcutta including all furniture, fans, lights and other fittings and other fixtures lying in the northern block with right of passage through the stairs and use of the northern side lift, gate and right of user of the T. C. by the south-eastern side of the northern block were requisitioned. The possession of the requisitioned premises was alleged to have been taken on Oct. 4, 1977 at 9. 30 A. M. and han