AJIT KUMAR SENGUPTA, J.

( 1 ) IN this application the grievance of the petitioners is that a Flat situate at 128a, Dharamtalla Street, Calcutta was requisitioned on 6th May, 1957. Since then the requisition has been continuing. The petitioners have also contended that requisition cannot continue for ever and it was not made for any public purpose. An affidavit-in-opposition has been filed on behalf of the respondents. In para 6 of the said affidavit it has been stated as follows :-"save what are matters of record and save what would appear therefrom, each and every allegation made in paras 3 to 15 of the said petition are denied I state that the premises No. 128a Dharamtala Street, Calcutta (the flat on the Western portion of Ground floor) was reqd under Requisition Order No. 45/57 - Reqn. dt. 6-7-57 issued in exercise of power conferred by Sub-Sec. (1) of S. 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (West Bengal Act, V of 1947) for public purpose. Copy of the said requisition order under this office No. 1860-61 dt. 7-5-57 was served upon the then owners Shri Jitendranath Mallick and Ors. Service of the Requisition order was accepted by

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