AZIZUL HAQUE Vs. STATE OF WEST BENGAL
HIGH COURT OF CALCUTTA
STATE OF WEST BENGAL
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T.K. Basu, J. -
(1.) The Petitioner Azizul, Haque is the sole Mutwalli of a Wakf. The Wakf consists of various properties including premises No. 2 Syed Ameer Ali Avenue (hereinafter referred to as the said premises).
(2.) On June 29, 1946, the First Land Acquisition Collector, Calcutta, passed an order of requisition in respect of the ground floor and first floor of the said premises. The material portion of the order of requisition is in the following terms:
Now, therefore, in exercise of the powers conferred by Sub -rule (1) of Rule 75A and Rule 116 of the Defence of India Rules, which have been directed under Sub -section (5) of Sec. 2 of the Defence of India Act, 1939 (XXV of 1939), to be exercised by me, I hereby order in modification of the said order that the said buildings (together with the compound and including fixtures and fittings) shall remain at the disposal and under the control of the Land Acquisition Collector, Calcutta, upto September 30, 1946, unless relinquished earlier.
(3.) It is this order of requisition dated June 29, 1946, which is challenged before me in this application.;
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