Law:

Section:

 East Bengal Emergency Requisition of Property Act (XIII of 1948), S. 3-Property requisitioned from one Government servant for another-Order, held, not for "public purpose" in the circum stances-Question of public purpose has to be decided on facts of each case.  JUDGMENT   MURSHED, J.-The petitioner, Krishnadhan Sarkar, is a citizen of Pakistan and a Government servant, namely, an employee in the Postal Department, posted in the G. P. O., Dacca. He claims to be a tenant of premises No. 40 Subhas Bose Aveeue in Ward No. 1 within the Municipality of Dacca and under Sutrapur Police Station. He has stated in his petition before us that originally he was a tenant in respect of portion of tile said holding and that subsequently he too the entire premises on lease when, at the instance of Evacuee Property Management Committee which took possession of the same, several person in un-authorised and unlawful occupation of tile holding were evicted.   2. The said premises was requisitioned by Additional District Magistrate, Dacca on the 3rd of December 1959, but subsequently the order of requisition was vacated as communi cated to the petitioner by a notice, dated the 28th of April 1960. Thereafter a letter was addressed by the Deputy Commissioner of Dacca to the Secretary, East Pakistan Evacuee Property Management Committee, Dacca, for allotment of the aforesaid premises to one T. Hossain, a Confidential Assistant of the Deputy Commissioner. In reply thereof, the Secretary of the said Committee wrote the Deputy Commissioner to the effect that the premises in question could not be allotted to the said T. Hossain inasmuch as the petitioner was a tenant in respect thereof. The Secretary of the aforesaid Committee, however, added that the said premises might be requisitioned and allotted to Mr. T. Hossain if necessary. Subsequently on the 10th of March 1961, the said premises was again requisitioned by the Additional Deputy ' Commissioner of Dacca. It is stated by the petitioner that although the order of requisition purports to be made for the accommodation of a Government officer, it was really in respect of a particular 'Government…