( 1 ) BY these two appeals the State of West Bengal has challenged the order and/or judgment dated 27/09/1991 passed by Altamas Kabir, J, by which the learned Judge by a common judgment disposed of Matters Nos. 1261 of 1991 and 1281 of 1991 allowing the two writ applications filed by the respective writ petitioners after setting aside the impugned order of requisition, being No. 3 of 1991 dated 25/02/1991 passed under sub-sec. (1) of S. 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (Act II of 1948) by respondent No. 2.

( 2 ) ACCORDING to the learned Judge the purpose mentioned in the order is outside the scope and ambit of sub-sec. (1) of S. 3 of Act II of 1948.

( 3 ) AS by a single judgment both Matters Nos. 1261 of 1991 and 1281 of 1991 have been disposed of and as the appeals have been preferred being Appeals Nos. 718 of 1991 and 719 of 1991 against the said common judgment, both the appeals were taken up for hearing together and are now disposed of by this judgment.

( 4 ) THE facts as elicited from the records are as follows :-IN Appeal No. 719 of 1991, arising out of Matter No. 1281 of 1991, the writ petitioners are the owners of