Kalyanmoy Ganguli, J. - (1.) In this application under Article 226 of the Constitution of India, the petitioners raise for writ in the nature of mandamus commanding the respondents to release the premises in question from requisition. In spite of service', no one appears for the respondents and there is no affidavit -in -opposition on record. The statements and allegations made in the writ petition go unchallenged and uncontroverted.
(2.) The uncontroverted case of the petitioners is that they are the landlords in respect of premises No. 2, Raja Rajendra Narayan Street, Calcutta within Police Station Beliaghata.
(3.) The said premises was requisitioned under sub -section 1 of Sec. 3 of West Bengal Premises Requisition and Control (Temporary Provision) Act, 1947 hereinafter referred to as the 1947 Act, by an order of requisition being No. 184/51 dated June 20, 1951. The possession of the said premises was taken by the First Land Acquisition Collector, Bankshall Street, Calcutta -5, by virtue of the power conferred upon him under sub -section 4 of Sec. 3 of the 1947 Act. The possession of the premises was taken on June 29, 1957 and till this date the possession continues. A copy of the order of requisition has been annexed to the writ petition marked with the letter 'A'. It is significant to note in the said order of requisition that the nature of the public purpose has not been mentioned and it is not known whether such purpose is of a permanent or transitory nature. The rent compensation was unilaterally fixed at Rs. 660/ - per month in the year 1951 and the said rent has never been enhanced till to day. The petitioner claims that the Fair Rent of the said premises is at present about Rs. 18,900/ - per month as admitted by the registered Surveyor & Valuer. The total area under requisition is 15 Cottahs 8 Chatakhs including a 2 storied pacca building and covered sheds. The covered area is 7561 Sq. Ft. comprising of 33 rooms. The petitioners submit that the purported extension of operation of the said Act from time to time and the continuation of the requisition of the said premises of the power is colourable and malafide and is without the sanction of law.;