ORDER : This writ petition is directed against the orders of the District Magistrate of Deoria requisitioning a house under S. 29 of the Defence of India Act, 1962.

2. The petitioners are the owners of a house in the town of Deoria. At the relevant time the petitioner No. 1 was living in a portion of the building and the other portion was tenanted by A.N. Chauhan, an Assistant Engineer in the Public Works Department of the State Government.

3. On the 20th of February, 1963 the District Magistrate of Deoria passed an order requisitioning the aforesaid building which reads :

"No. 810/ReEO dated 20-2-63

To

Shri Hari Shanker Misra (Owner)

Excise inspector

Gauri Bazar Sugar Factory,

Gauri Bazar Distt, Deoria.

Whereas in my opinion it is necessary and expedient to requisition the immovable property specified in the schedule hereto annexed of which you are the owner, person in possession, for securing the defence of India or efficient conduct of military operations. Now, therefore in exercise of the powers under Section 29 of the Defence of India Act, 1962 (Act No. 51 of 1962) conferred on me by Central Government under Notification No. 3/2/62 Poll (Spl)-II (G.S.R. No. 1716) dated Decem