M.M.Dutt, J. - (1.) The appellant, Anderson Wright and Co., a partnership firm has preferred this appeal against the judgment of Amiya Kumar Mookerji, J. whereby the learned Judge has discharged the Rule Nisi issued on the application of the appellant under Article 226 of the Constitution of India.
(2.) In the writ petition, the appellant challenged an order of requisition dated Sept. 28, 1977 of the State Government issued under Section 3 (1) of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (Act V of 1947), hereinafter referred to as the Act. By the said order, the entire northern block of the third floor, servants' quarters on the top floor and the garage in the ground floor of premises No. 7, Red Cross Place (formerly 7, Welleslay Place), Calcutta including all furniture, fans, lights and other fittings and other fixtures lying in the northern block with right of passage through the stairs and use of the northern side lift, gate and right of user of the T. C. by the south-eastern side of the northern block were requisitioned. The possession of the requisitioned premises was alleged to have been taken on Oct. 4, 1977 at 9.30 A. M. and handed over to the Khardah Company Ltd., the respondent No. 4, a sick industry.
(3.) The case of the appellant is that it is a tenant in respect of the third floor of the said premises No. 7, Red Cross Place with one garage in the ground floor and the servants' quarter on the terrace under one Durga Prosad Roy, the added respondent, Sarat Chandra Roy and others. By different agreements the appellant allowed East Coast Commercial Co. Ltd., Ramnugger Cane and Sugar Co. Ltd., and the respondent No. 4, Khardah Company Ltd. to occupy different portions of the northern block of the third floor of the said premises under leave and licence agreements. The management of the Khardah Company Ltd. was taken over by the Central Government by a notification dated May 16, 1977 issued under the Industries Development and Regulation Act, 1951. The Industrial Reconstruction Corporation of India was appointed the 'authorised person' to take over the management of Khardah Company and Sri J. C. Talukdar was appointed the Chairman of the managing committee of the Company.;