RAMENDRA MOHAN DATTA, ACTG. C. J.

( 1 ) THIS appeal arises from the judgment and order of Basak, J. dated June 18, 1980.

( 2 ) THE matter was in respect of an application under Article 226 of the Constitution of India wherein the petitioners Elgin Properties challenged an order of requisition bearing No. 13/80 REQN dated 17th April, 1980 issued by the State of West Bengal in exercise of powers conferred by Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act ). The Rule Nisi issued herein was discharged by the learned Judge and the application was dismissed. All interim orders were ordered to be vacated. Elgin Properties thereupon preferred this appeal.

( 3 ) THE facts are that the Official Trustee for West Bengal, the respondent No. 6 herein is the trustee to the trust of D. A. David for Davidian Girls' School by and under a deed of trust dated September 28, 1974 and as such trustee is the legal owner of premises No. 1-B, Ashoutosh Mukharjee Road, Calcutta (hereinafter referred to as the said premises ). The petitioner appellant Elgin Properties carry on business of development

Click Here to Read the rest of this document