IN RE : KEWAL CHAND MIMANI Vs. STATE OF WEST BENGAL & ORS.

JUDGEMENT

(1.) This writ application is directed against an order of requisition passed under section 3(1) of the West Bengal Land (Acquisition & Requisition) Act, 1948 (hereinafter referred to as the said "Act"). This application was moved before me on 25. 11.87 at my residence at 6 A. M. as considering its urgency it was assigned to me by the Honourable the Acting Chief Justice Thereafter the matter was placed for hearing on the same date at 2 P.M. in my Court Room. Interim order granted in the morning was allowed to continue and the contentions of the writ petitioner as well as the State Respondents were noted regarding taking over of possession of the property in question.

(2.) The writ petitioner moved this application under special circumstances of the case and the application drafted hurriedly did not contain all the points nor it was duly sworn in. Leave was granted to file a supplementary affidavit disclosing all the facts and was also directed to file the verified application duly sworn in the Court which was complied with

(3.) The case as made out by the writ petitioner is that the writ petitioner is one of the 32 lessees in respect of the properties in dispute being 1, Strand Road, Howrah, commonly known as 'Mimani Mangla Hat'. The lease is to expire on the expiry of the year 1988. That in the early hours of 21st Nov., 1987 a devastating fire broke out in the disputed property and the whole of Mimani Mangla Hat was reduced to assess. On 24th Nov., 1987 at about 7-25P. M. Mr. Gopidas Mimani, an authorised agent of the writ petitioner was served with the impugned notice, which is annexure "A" to the writ petition. The impugned notice states :