Harries, J. - (1.) THIS is an application for a mandamus directing the respondent to show cause why a mandatory order should not issue for the cancellation of a certain order of requisition made by the respondent as an officer of Govt. There was an alternative prayer for a writ of prohibition prohibiting the respondent from giving effect to a pretended order of requisitioning.
(2.) THE petitioner is the owner of certain premises known as 13 Ballygunge Circular Road in the city of Calcutta. On 22-5-1949, he was served with an order purporting to have been made by Govt. requisitioning the premises 13 Ballygunge Circular Road with the exception of two rooms, a kitchen & certain offices. The notice requisitioning the property did not state the purpose for which the property was required, but it is the case for the petitioner that he went on to the premises at about 3.45 p. m. on May 22nd & he was informed by some officer of Govt. that the premises had been requisitioned as a residence for the Hon'ble Minister of Excise in the Govt. of the State of West Bengal. It is common ground that the Minister did take up residence in these premises & has resided at the premises ever since.
(3.) IT was contended on behalf of the petitioner that the order of requisition in this case is not warranted by any provision of law. The order purports to have been made under S. 3 (1), West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947 (Act V (5) of 1947).;