In this application under Article 226 of the Constitution of India the petitioners are challenging an order of requisition bearing no.13/80 Reqn. dated 17th April, 1980 issued by the State of West Bengal in exercise of powers conferred by sub-s. (1) of S. 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act).

The facts of this case, as would appear from the petition, are as follows : –

2. The petitioner no. 1, Elgin Properties, is a partnership firm and the petitioner no. 2 is one of the partners of the said firm. The Official Trustee for West Bengal, the respondent no. 6 herein, is the trustee to the Trust of D.A. David for Davidian Girls’ School by and under a Deed of Trust dated 28th September, 1974 and is the legal owner of the premises no. 1-B, Ashutosh Mukherjee Road, (hereinafter referred to as the said premises). The petitioner carry on business of development of real property.

3. By and under a registered deed of lease dated September 28, 1974 the respondent no. 6 demised the said premises in favour of the petitioner for a term of 21 years commencing from 1st May 1969 with on option on the part of