Requisitioning premises as a residence for a Minister of the State of West Bengal is a public purpose and the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 is intra vires the Constitution of India.

HARRIES, C.J. :- This is an application for a mandamus directing the respondent to show cause why a mandatory order should not issue for the cancellation of a certain order of requisition made by the respondent as an officer of Govt. There was an alternative prayer for a writ of prohibition prohibiting the respondent from giving effect to a pretended order of requisitioning.

2. The petitioner is the owner of certain premises known as 13 Ballygunge Circular Road in the city of Calcutta.

3. On 22-5-1949, he was served with an order purporting to have been made by Govt. requisitioning the premises 13 Ballygunge Circular Road with the exception of two rooms, a kitchen and certain offices. The notice requisitioning the property did not state the purpose for which the property was required, but it is the case for the petitioner that he went on to the premises at about 3.45 p. m. on May 22nd and he was informed by some officer of Govt. that the premises had been requsitioned as a residence for the Honble Minister of Excise in the Govt. of the State of West Bengal. It is common ground that the Minister did take up residence in these premises and has resided at the premises ever since.

4. It was contended on behalf of the petitioner that the order of requisition in this case is not warranted by any provision of law. The order purports to have been made under S. 3(1), West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act V (5) of 1947).

5. That sub-section is in these terms : "Whenever it appears to the Provincial Govt. that any premises in any locality are needed or are likely to be needed for any public purpose, it may, by order in writing, requisition such premises : Provided that no premises exclusively used for the purpose of religious worship shall be requisitioned under this section."

6. The first argument addressed to us was that the requisitioning of premises as a residence for a Minister of the State of West Bengal cannot be regarded as a public purpose.

7. I am very doubtful as to whether it is open to this Court to go into this question at all. In the case of Wijeyesekera v. Festing, 1919 AC 646, their Lordships of the Privy Council were colled upon to construe precisely the same words as appear in the sub-section which I have read. The words in the Privy Council case were :

"Whenever it shall appear to the Governor that land in any locality is likely to be needed for any public purpose, it shall be lawful for the Governor to direct etc."

Their Lordships were of opinion that the decision of the Governor that the purpose was a public purpose for which premises were required was final and could not be questioned in any Court. If that case applies then the opinion of the Provincial Govt. that housing a Minister was a public purpose would be final and could not be questioned by this Court. However, even if this Court can question the matter, it appears to me quite clear that housing a high Minister of State is clearly a public purpose. It is in the public interest that Ministers of the State of West Bengal should have suitable accommodation. How can they be expected to give of their best if they have to live in discomfort and squalor. It is suggested that the Minister concerned was a member of the Scheduled Caste and had never been accumstomed to live in premises of this kind. A Minister of State is entitled to accommodation consistent with his position and the dignity of his office and it appears to me that requisitioning part of a house in Ballygunge as a residence for a Minister is clearly a public purpose and therefore it cannot be said that the Act could not apply.

8. It was then suggested that requisitioning premises was a judicial act and before a requisitioning order could be made notice would have to be given to the petitioner and the latter had a right to be heard. It appears to me that requisitioning under this Act is clearly an executive or an administrative Act. It is true that the Bomb