Paritosh Mukherjee, J. - (1.) This writ petition was moved on October 7, 1985, before this court for issue of appropriate writ against the respondents not to issue any order/notice or take steps under ss 3 and 4 of the West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947, (Act V of 1947) thereinafter referred as 1947 Act) at the instance of the writ petitioners, Sree Sree Gopal Jew & Others, who are deities and their Shebaits.
(2.) In other words, this is a writ application for issue of anticipatory writ against the appropriate statutory authorities, in the matter of passing of order of requisition, although till this date, no order of requisition has yet been passed by the respondents.
(3.) Facts, which are not in dispute, are as follows : The petitioners are joint owners of premises No. 3A, Gariahat Road, Calcutta (hereinafter referred to as the said premises). Refugee Handicraft, a society registered under the West Bengal Societies Registration Act, were sub lessees in respect of one of the showrooms on the ground floor, mezzanine floor and back portion of the first floor of the building at premises no. 3A, Gariahat Road, Calcutta, under one Messrs. Jumbo Traders Private Limited, who were the ''lessees", under the petitioners. A decree for ejectment was passed against the lessee, M/s Jumbo Traders Private Limited in favour of the owners in respect of the sard premises by this court. An application was made by Refugee Handicrafts, who were the "sub lessees" for setting aside the said decree on the ground that the same was not binding on them, which has been dismissed by this court and another application was made by the owners (being the petitioners herein), for execution of the said decree against the sub-lessee Refugee Handicraft, which has been allowed. The said Refugee Handicrafts sought time to vacate the premises and obtained extension of stay of execution of the said decree. Finally, the trial court has allowed time till December 31, 1987, to Refugee Handicrafts to vacate the said premises and Refugee Handicrafts preferred an appeal from the cider of the trial court directing them to vacate, and on an application made in the said appeal, the appeal court had stayed execution of the decree and expedited hearing of the appeal.;