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1976 Supreme(Cal) 270

TARUN KUMAR BASU
Administratrix in the Estate of late N. C. Goenka – Appellant
Versus
State of West Bengal – Respondent


Advocates Appeared:
Sankar Das Banerjee, Goutam Chakravorty, Mohitosh Mazumdar and Samir Kumar Ghosh ......for the Petitioner
Sakti Prosad Mukherjee ......for the Respondents

JUDGMENT

In this application the petitioner who is the Administratrix of the Estate of late N.C. Goenka challenges an order of requisition of a premises in Darjeeling known as "Goenka Lodge", being holding No. 1, Ward No. 8, Uday Chand Mahatab Road. The impugned order is passed under the provisions of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as "the Act").

2. The principal ground of challenge to the requisition is that the petitioner was not given hearing and that the proceedings were contrary to the principles of natural justice. Elaborate grounds have been taken on this aspect of the matter. One of the grounds which is ground No. XIX may be quoted :

"For that it is incumbent upon the respondents herein to afford your petitioners an opportunity of hearing before purporting to pass the impugned order of requisition and in the absence of such opportunity of hearing the said impugned notice is illegal, bad in law and is violative of the principles or natural justice."

3. This, as I have said, is the principal ground on which the Rule Nisi was issued by me and an interim injunction was granted restraining the respondents from t


























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