- (1.) This Rule was obtained by the Petitioner for the quashing of proceedings in which he has been prosecuted under Section 20(2) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.
(2.) The prosecution case is that, on August 3, 1948, premises No. 1, Muktaram Babu Street, Calcutta, of which the Petitioner along with his two brothers are the owners, were requisitioned under Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947. By the requisitioning order, the Governor was-- further pleased to direct the First Land Acquisition Collector, Calcutta, to secure possession of and control over the said premises and to take such other action as is necessary in connection with the requisitioning in accordance with the provisions of the said Act.
(3.) On the same date, the First Land Acquisition Collector, Calcutta, passed an order forwarding copy of the requisitioning order to the present Petitioner and in the further following terms: He is directed to place the above property at my disposal and control on and from August 6, 1948, or on any subsequent day at 11-30 a.m. when an officer deputed from this office will take charge and possession of the property and prepare a schedule of existing fixtures.;