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1987 Supreme(Cal) 65

DILIP KUMAR BASU, M.N.ROY
DISTRICT MAGISTRATE – Appellant
Versus
HIMAL ENTERPRISES (PRIVATE) LTD. – Respondent


Advocates Appeared:
AMAR NATH BANERJEE, RUPENDRA NATH MITRA, SADHAN GUPTA, SAKTI NATH MOOKERJEE, TAPAN KUMAR SEN GUPTA

M. N. ROY, J.

( 1 ) AN order of requisition of the land and buildings with furnitures In R. S. Plot No. 396, Mouza-Chandhaghar. J. L. No. 44, P. S. Barasat 24-Parganas (hereinafter referred to as the said premises) as issued under 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), was challenged in this Court in a proceeding under Article 226 of the Constitution of India by the owners of the said premises, who are M/s. Himal Enterprises (Private) Ltd. a Company incorporated under the Sikkim Companies Act and also by one of their Directors Mrs. Sova Shresthe. The writ petitioners are the Respondents in this Appeal and the Civil Order No. 4112 (W) 1986, in which the requisition under the said Act were challenged on being disposed of in favour of the petitioners therein, this Appeal was presented by the Respondent State of West Bengal and their authorities, on July, 198g.

( 2 ) THE petitioners in the writ petition claimed that the Company as mentioned above, at all material times was and still is the owner of the said premises and they acquired the same by purchase on January 16




















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