S.B.Sinha, J. - (1.) -These two appeals for the sake of convenience were taken up for hearing together and are being disposed of by this common judgment. The appeal, being No. 1255 of 1990 arises out of the judgment and order dated 14th July, 1988, passed by the learned single Judge of this Court whereby and where under the writ petition of the first respondent was allowed. The fact of the matter, shorn of all necessary details, is as follows: -
(2.) The writ petitioner/first respondent is the owner of a premise situated at 21B, Gurusaday Road, Calcutta. The appellant herein was the tenant in respect of a portion of the said premises. At the instance of the appellant the Second Land Acquisition Collector, Calcutta, sought to be the person authorised by the State of West Bengal, issued a Notification on or about 5-8-1983 requisitioning the entire premises, inter alia, stating, Whereas in my opinion it is necessary for the purpose of maintaining supplies and services essential to the life of the community or for the purpose connected therewith or incidental thereto, viz., for Data processing services to requisition the land described in the Schedule below: - AND WHEREAS the State Government has by Notification No. 1975 4-L.A. dated 22.11.63 published in the Calcutta Gazette, Part I of the 19.2.63 at page 2521 read with Notification No. 184-Estt/8A-1/82 dated 21.2.82, authorised me to exercise the power conferred by sub-section (1) of section 3 of the West Bengal Land (Requisition and Acquisition) Act, 1948 (West Bengal Act II of 1948). Now, therefore, in exercise of the power conferred by sub-section (I) of section 3 of the West Bengal Land (Requisition and Acquisition) Act 1948 (West Bengal Act II of 1948) read with the authority so vested in me as aforesaid), I do hereby requisition the land mentioned in the Schedule below and made the following further orders, namely: - That the land described in the Schedule below shall be placed at my disposal and contract on 6.8.83 at 11 A.M. when an officer deputed from this office will take charge and possession of the said land. SCHEDULE Description of the land Land measuring, more or less, 0.0531 of a hectare (equivalent to 0.1312 of an acre) comprising premises No. 21B, Gurusaday Road, Calcutta, in Ward No. 72 of the Municipality of Calcutta within the City of Calcutta, butted and bounded on the : North: By prs. No. 9/2, Rainy Park and Gurusaday Rd. By prs. No. 21A, Gurusaday Rd. formerely being part of prs. No. 21 Gurusaday Rd South : By Prs. No. 21, Gurusaday Rd. West : By Prs. No. 9/2, Rainy Park and Prs. No. 62/4, Ballygunge Circular Road, Calcutta."
(3.) The said order of requisition was, inter alia, questioned by the first respondent herein, inter alia, on the ground that the same had been issued malafide and in colourable exercise of power. The first respondent in its writ application, inter alia, contended that the said requisition had been made when the first respondent refused to execute a Deed of Sale in favour of the requisitionist.;