SWARANALATA SARKAR Vs. STATE OF ORISSA AND ANR.

JUDGEMENT

(1.) THIS is a petition under Article 226 of the Constitution against the order of the District Magistrate of Cuttack, refusing to restore possession of a house to the Petitioner situated in the town of Cuttack in holding No. 549 (new 256) appertaining to new Ward No. VI of Cuttack Municipality.

(2.) THE material facts are as follows: On the 13th September 1948 the then District Magistrate of Cuttack, by his order No. 121549, issued in exercise of the powers conferred on him by Section 13(1) of Orissa Act IV of 1948 requisitioned the Petitioner's house "for providing residential accommodation to Sri S.K. Bagchi, Magistrate 1st Class belonging to essential services and rendering services essential to the community". The house was, in doe course occupied by Mr. Bagchi until his transfer from Cuttack on or about the 11th of July 1950. Since then the house was used partly as residence and partly as the office of the staff of the Civil, Supplies Department of Cuttack Collectorate and the repeated requests of the Petitioner both to the District Magistrate and to the Government for restoration of the building were turned down. It appears that for a short period the house Was also used as the Club of the Civil Supplies Department, but it is admitted that it is at present used as the office and residence of the Civil Supplies staff.

(3.) MR . H. Mohapatra on behalf of the Petitioner urged that