(1.) IN this appeal, the appellant Sushila Devi has challenged the propriety of the judgment of C. K. Banerji J. By the said judgment, the learned Judge discharged the Rule Nisi issued on- the application of the appellant under Article 226 of the Constitution.

(2.) THE respondent no. 5, Mannulal Fomra, is the owner of premises nos. 83 and 84, Acharya Jagadish Chandra Bose Road, Calcutta, comprising both land and buildings. The appellant is a tenant of a portion of the said premises and one madanlal Fomra is a tenant of the remaining portion of the said premises. It is alleged that the appellant carries on her business under the name and style of "phumbhra Agencies Road Transport Company'" in the said two premises. The respondent no. 2, the First Land Acquisition Collector, Calcutta, served an order dated April 23, 1976 under section 3 (1) of the West Bengal Land Requisition and Acquisition Act, 1948 (Act II of 1948), hereinafter referred to as the Act. Requisitioning the whole of the said premises no. 83 and part of the premises no. 84, Acharya Jagadish Chandra Bose Road, Calcutta for the establishment of a sub-depot of the Calcutta State Transport Corporation. The measure