C.K.Banerji, J. - (1.) This appeal is against the judgment and order dated the 19th November, 1979 of Mrs. Padma Khastgir, J, making the rule absolute in a writ petition under Article 226 of the Constitution made by the respondents petitioners, inter alia, challenging an order of requisition bearing No. 4/79 dated the 28th May, 1979, made under Sub-section (1) of Section 3 of the West Bengal Premises Requisition & Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the 1947 Act), requisitioning the south west corner flat on the first floor of Block 'K' of premises No. 167, Rash Behari Avenue, Calcutta, known as 'Jasoda Bhawan' (hereinafter referred to as the said flat).
(2.) The facts shortly are that one Pradip Kumar Roy and Sm. Gouri Bala Roy, since deceased, the owners of premises Nos. 167A to 167M. Rash Behari Avenue. Calcutta known as 'Jasoda Bhawan' by a registered Deed of Lease dated the 5th January, 1970 granted a lease of the said premises in favour of the respondent petitioner No. 1 Pulin Krishna Roy Estate (P) Ltd. for a period of 10 years commencing from the 1st January, 1970, with an option for renewal for a further period of 40 years. The said premises had earlier been requisitioned by the Government of India under the Defence of India Rules. The owners of the said premises initiated proceedings for de-requisition thereof and ultimately in F. A. No. 92 of 1957 in the Appellate Side of this Court, the matter was settled pursuant to the terms of settlement put in whereby the Government of India agreed to derequisition the said premises by stages and pursuant thereto various flats of the said premises were de-requisitioned from time to time. The last flat that was so de-requisitioned was the said flat and possession thereof was delivered by or on behalf of the Government of India to the owners on or about the 9th March, 1979. The respondent No. 1 after getting possession of the said flat entered into an agreement of monthly tenancy with Chittaranjan Pal the petitioner respondent No. 2 and let out the same to him at a monthly rent of Rs. 300.00 and since then the respondent No. 2 became a tenant and had been in occupation of the said flat and brought his furniture therein. It is alleged in the writ petition that on the 7th June, 1979 at about 11-30 A. M. several persons representing themselves to be from the office of the first Land Acquisition Collector the appellant No. 3, came with a police force, broke open the padlock put on the door of the said flat by the respondent No. 2 and removed and threw out the furniture lying therein in the courtyard of the said premises and put their lock and key on the door of the said flat. Thereafter the said persons left with the durwan of the said premises two copies of the impugned order of requisition containing a direction issued by the appellant No. 3 on the 4th June. 1979. one addressed to the respondent No. 2 and the other addressed to Pradip Kumar Roy and Sm. Gouri Bala Roy of No. 7. Abhoy Mitra Street, Calcutta and a further notice under Section 4 (1) (a) of the 1947 Act signed by the appellant No. 3 dated the 4th June, 1979, directing the respondent No. 2 to vacate the said flat on or before the 7th June, 1979, at 10-30 A. M. It is further alleged in the writ petition that Smt. Gouri Bala Roy had died on the 10th Feb. 1972. In the court below the only affidavit-in-op position that was made on behalf of the appellants was by Bimal Kumar Bhattacharjee the First Land Acquisition Collector, the appellant No. 3 affirmed on the 21st August, 1979. In paragraph 4 of the said affidavit it is stated that one Chandra Sekhar Bhattacharjee, a retired W. B. C. S. who was appointed by the Government of West Bengal as a special Officer of the Corporation of Calcutta had requested the Government for allotment of the said flat to him as he was in urgent need of accommodation and the requisition of the said flat was made to accommodate him which was definitely a public purpose. In paragraph 5 it is stated that a prohibitory order No. 4/79 dated the 9th March, 1979 was served on the owners on the same day with direction not to let out the said flat without the permission of the Government of West Bengal until the expiry of two months from the date of the said order. In paragraph 6 it is stated that the Deputy Secretary to the Government of West Bengal L. H. & R. & L. R. Deptt. Reqn. (Spl). Branch, under his letter No. 219 Reqn. (Spl.) dated the 29th/30th May, 1979 sent the said requisition order with instruction to take necessary action with police help as contemplated in Section 9 of the 1947 Act. A copy of the said requisition order under Memo No. 1406 Reqn. dated 4-6-1979, was served on Pradip Kumar Roy and Gouri Bala Roy the owners on 6-6-1979 by affixing the same as they refused to accept service. Copies of the said requisition order and of the notice under Section 4 (1) (a) of the 1947 Act were served on the respondent No. 2 the occupier on 6-6-1979 by affixing the same as he was not found in the said flat and possession under the said requisition order was taken by breaking open the lock in the presence of police on 7-6-1979 and a possession certificate was issued in the presence of the police who signed the same.
(3.) Pursuant to the directions of the appeal court Pradip Kumar Roy was added as a party to this appeal.;