HARRIES, C.J. - (1.) THIS is a petn. filed under Article 226, Const. Ind. praying for the issue of a writ of certiorari or mandamus in respect of an order of requisition made by the Dist. Mag. of Malda.
(2.) I would state at the outset that a writ of certiorari is not appropriate, but that this is a case in which the Ct. can be asked to issue a mandamus if the facts are established as suggested. The petnr. is a pleader who resided in a house No. 34, Bundh Road, English Bazar, Malda. He was a tenant of one Sri Tarapada Das who was a police officer in the employ of the East Bengal Govt. Apparently, he had been in the service of the old province of Bengal and on partition he elected to serve under Govt. of East Bengal which is of course a part of Pakistan.
(3.) IN Oct. 1948, Tarapada Das came to reside at Malda and lived in a house which he rented. He eventually applied to the Dist. Mag. who requisitioned a part of the house, of which the petnr. was tenant. The order requisitioning a part of the premises was made on 12 -10 -1949 and on 17 -10 -1949, Tarapada Das was put in possession of the part so requisitioned and the petnr. was left with practically only one room.;