ADMINISTRATRIX IN THE ESTATE OF LATE N. C. GOENKA Vs. STATE OF WEST BENGAL & ORS.
LAWS(CAL)-1976-8-43
HIGH COURT OF CALCUTTA
Decided on August 03,1976

ADMINISTRATRIX IN THE ESTATE OF LATE N. C. GOENKA Appellant
VERSUS
STATE OF WEST BENGAL AND ORS. Respondents

JUDGEMENT

- (1.)In this application the petitioner who is the Administratrix of the Estate of late N.C. Goenka challenges an order of requisition of a premises in Darjeeling known as "Goenka Lodge", being holding No, 1, Ward No. 8, Uday Chand Mahatab Road. The impugned order is passed under the provisions of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 (hereinafter referred to as "the Act").
(2.)The principal ground of challenge to the requisition is that the petitioner was not given hearing and that the proceedings were contrary to the principles of natural justice. Elaborate grounds have been taken on this aspect of the matter. One of the grounds which is ground No. XIX may be quoted :
"For that it is incumbent upon the respondents herein to afford your petitioners an opportunity of hearing before purporting to pass the impugned order of requisition and in the absence of such opportunity of hearing the said impugned notice is illegal, bad in law and is violative of the principles of natural justice."

(3.)This, as I have said, is the principal ground on which the Rule Nisi was issued by me and an interim injunction was granted restraining the respondents from taking any steps under the impugned order of requisition.
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