- (1.) This application has been taken out, under Article 226 of the Constitution of India, challenging an order of requisition and notice under Section 4(1)(a) of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947.
(2.) It is the petitioner's case that under a registered deed of lease dated 5th of January, 1970 granted by the them owners, Pardip Kumar Roy and Gouri Bala Roy, since deceased, the petitioner No. 1. Pulin Krishna Roy became a lessee of the entire premises No. 167A to M, Rash Behare Avenue, Calcutta known as "Yasoda Bhawan" for a term of ten years commencing from 1st January, 1970 with an option for renewal for another period of 40 years. The petitioner No. 1 is collecting rents and issues of the said Yasoda Bhawan which is let out to several tenants. Hence the petitioner became a 'landlord' within the meaning of West Bengal Premises Requisition and Control (Temporary Provisions) Act, 1947 hereinafter referred to as 'the said Act".
(3.) The said Yasoda Bhawan had been requisitioned by the Government of India through the Executive Engineer, Bengal Central Public Works Department. Thereafter the owners of the said premises initiated proceedings for derequisition of the said premises and/or cancellation of requisition. In 1960 the matter was settled and under the agreed and in accordance with terms of settlement the Government of India agreed to derequisition the said Yasoda Bhawan in instalments or by stages. The eight flats were derequisitioned immediately. The remaining twentyeight flats under requisition were derequisitioned as and when the Officers of the Government retired from service. The last flat on 'K' Block of the said premises remained to be derequisitioned as the Officer concerned wrongfully refused to deliver vacant possession. At that time the respondent No. 4, Rama Prasad Chakraborty, the Second Land Acquisition Collector, Calcutta approached the petitioner and requested him for grant of a monthly tenancy in respect of the said flat of 'K' Block in his favour as he gave an assurance that the said flat would be derequisitioned in the near future. On March 2, 1979 the Estate Manager, Government of India, gave a notice that the said flat would be vacated on March 7, 1979 and issued notice to the Land Acquisition Collector asking him to make agreement for derequisition of the said flat on March 7, 1979. The Respondent No. 2 also gave notice that the said flat would be derequisitioned and the possession would be delivered on March 9, 1979 and in fact on March 9, 1979 the said flat was derequisitioned and possession thereof was delivered from the office of the First Land Acquisition Collector in presence of witnesses. In fact a certificate for restoration of possession dated March 9, 1979 was also issued for and on behalf of the Land Acquisition Collector.;