Bimal Chandra Basak, J. - (1.) In this application under Article 226 of the Constitution of India the petitioners are challenging an order of requisition bearing no 13/80 Reqn. dated 17th April, 1980 issued by the State of West Bengal in exercise of powers conferred by sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act. 1947 (hereinafter referred to as die said Act). The facts of this case, as would appear from the petition, are as follows:-
(2.) The petitioner no. 1. Elgin Properties, is a partnership firm and the petitioner no. 2 is one of the partners of the said firm. The Official Trustee for West Bengal, the respondent no 6 herein, is the trustee to the Trust of D.A David for Davidian Girls' School by and under a Deed of Trust dated 28th September. 1974 and is the legal owner of the premises no 1-B, Ashutosh Mukherjee Road, (hereinafter referred to as the said premises). The petitioner carry on business of development of real property.
(3.) By and under a registered deed of lease dated September 28, 1974 the respondent no 6 demised the said premises in favour of the petitioners for a term of 21 years commencing from 1st May 1969 with an option on the part of the petitioners to renew the lease for another period of 21 years. The said deed of lease was granted in favour of the petitioners by the Official Trustee with the leave of this Hon'ble Court. It is alleged that the said lease was obtained by the petitioners for the purpose of developing the said proper;y and that the said deed of lease expressly authorised the petitioners to build at their own cost upper storey or storeys on the existing building or to construct a new building. The building at the said premises is a two-storeyed building with outhouses. At the time of grant of the said lease portion of the ground floor of the said premises was occupied by CAXTOM Co., the respondent no. 7 herein. Two rooms on the ground floor of the said premises is partly occupied by Martin & Harris Ltd. The remaining portion of the said premises is comprised of bathrooms, lavatories, urinals, common passages, common lobby which has been in use for all the occupiers of the said premises. The staircases leading to the first floor-begin from the ground floor. There is no access to the first floor of the said premises except through the ground floor. After obtaining the said lease, the petitioners, it is alleged got vacant possession of the first floor and also of terrace above the first floor. The Durwan and Security guards engaged by the petitioner for looking after the said premises have been provided accommodation on the terrace of the said premises and they have been using the lavatories and urinals on the ground floor of the said premises. It is alleged that the petitioners obtained possession of the leasehold premises in 1972 pursuant to one agreement of lease.;