Bimal Chandra Basak, J. -
(1.)This application under Article 226 of the Constitution is directed against an order of requisition passed on 22nd June, 1976 under Sub-section (1) of Section 3 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as the said Act).
(2.)The petitioner's case, as made out in the petition, is as follows : The petitioner is a partnership firm registered under the Partnership Act, 1932 and having its office at No. 9, Rabindra Sarani, Calcutta-1. It is stated that one Messrs. Cutch Oil & Allied Industries (1949) Private Ltd. is the owner of No. 9, Rabindra Sarani, Calcutta, formerly known as No. 165, Lower Chitpur Road, Calcutta. It is stated that the petitioner is the landlord and/or lessee of a portion of the second floor of No. 9, Rabindra Sarani, Calcutta. The second floor of the said building contains two main halls and they have been let out and/or rented to the Commissioner of Police, Calcutta. The first hall is in the possession of Commissioner of Police, Calcutta, on and from 30th June, 1971 and the second hall is in possession of the respondent No. 3 on and from 7th August, 1971. The rent agreed to be paid on account of the said two halls at the second floor of the said building was Rs. 2,030/- per month. The rate of rent was inclusive of taxes and cost of repairs but exclusive of service charges for electricity, water supply, cleaning etc. The service charges excluding the electricity were agreed to be Rs. 385/- per month. It is the case of the petitioner that the respondent No. 3. the Commissioner of Police, Calcutta, has wrongfully and illegally failed and/or neglected to pay the aforesaid rent on account of the said premises as also the service charge and the charges on account of electricity. The dues on account of the said charges would be a sum of Rs. 73,898.56 p. for the period from 30th June, 1971 to March 1976 for which the petitioner had already submitted its hills and have demanded the payment on account of the same. However, in spite of repeated demands, the respondent No. 3 is wrongfully and illegally not paying the said dues to the said petitioner. Subsequent to the said bill, the petitioner had submitted its bill for the period of April and May 1976. All the aforesaid amounts are still due and owing from the respondent No. 3 to the petitioner. It is alleged that on 21st June. 1976 at 4-10 P. M. the petitioner received a communication from the respondent No. 1 containing purportedly two orders. The first order dated 22nd June, 1976 is the order of requisition issued by the respondent No. 1 and the second order numbering 1818 is by the First Land Acquisition Collector, Calcutta directing the petitioner to place the property at the disposal and control of the said respondent on and from 22nd June, 1976 at 10-30 A. M. This is the order challenged in this proceeding.
(3.)In this case two affidavits have been affirmed on behalf of the respondents. In one affidavit affirmed by Nirmal Chandra Roy, the First Land Acquisition Collector, Calcutta, on the 12th July, 1976 it has been stated that the notices were duly served on the owner of the said premises. It is stated that the Commissioner of Police, Calcutta, was a tenant of second floor of the said premises No. 165. Rabindra Sarani and it was in possession of the Commissioner of Police. It was further stated that the second floor was requisitioned for the accommodation of the Branch Office of Home (Special) Department, Government of West Bengal. It was further stated that the said order was duly served upon Sm. Sabitri Debi, Sm. Sita Devi, Sm. Radha Devi Shraff and Sm. Sajana Devi Sharaff of 136, Cotton Street, Calcutta and Messrs. J. K and Sons of No. 9, Rabindra Sarani the owners of the said premises and also the Commissioner of Police who was the tenant of the same at the relevant time. The persons accepted the service of the order. It is stated that by an order dated . 21st June, 1976, The First Land Acquisition Collector directed the aforesaid persons to place the said property at the disposal and control on and from 22nd June 1976 at 10-30 A. M. The said order was also served upon them on 21st June, 1976. Notice was also served on the Deputy Secretary. Pursuant to the above, an officer went to take possession of the said premises at the appointed time. Representatives of the Home Special Department and of the Commissioner of Police were present in time but none on behalf of the owners turned up. The possession of the entire second floor was taken from one Sri Sibaji Gupta, Sergeant, representative of the tenant and the possession was again delivered to Ajit Kumar Chakravarty, Special Officer, the representative of the allottee department Home (Special). The possession certificates were duly signed.