Law:

Section:

East Bengal (Emergency) Requisition of Property Act (XIII of 1948),S. 3--Requisition and acquisition for purpose of private business concern and not for public purpose or in public interest--Illegal.Where by orders under the East Bengal (Emergency) Requisi­tion of Property Act, 1948, R's business of running a petrol pump and dealing in petroleum products was requisitioned and thereafter acquired for another private individual S who could do nothing better by stepping into the requisitioned property of R but to earn commission on sale of petrol and petroleum products himself and the change-over in no way benefited consumers, it was held that the requisition and acquisition were plainly not for public purpose or in the public interest and, therefore, illegal and without lawful authority. Jagesh Chandra Ledh v. Province of East Pakistan 9 D L R 272 and 11 D L R 411 (S C) ref. Ekramul Haq v. Province of East Pakistan P L D 1964 Dacca 48 and Additional Deputy Commissioner, Dacca v. Chaudhry Esraruddin 19 D L R 525 (S C) held not applicable. Hamidul Haq Chaudhry and B. C. Bhattacharya, Senior Advocates Supreme Court (B. B. Roy Chaudhry. Advocate Supreme Court with them) instructed by Abdur Rub-II, Attorney for Appellant. Radba Banta Bantk v. Province of East Pak. M. R. Khan, JUDGMENT M. R. KHAN, J.---This appeal, by special leave is from the judgment and order of a Division Bench of the High Court of East Pakistan, dismissing the appellant's Writ Petition under Article 98 of the 1962-Constitution for quashing the orders of requisition and acquisition of his properties. The facts set out in the writ petition are as follows:- The petitioner is a citizen of Pakistan and permanently resides in the town of Rangpur. His homestead is on the southern part of C. S. Plot No. 4220 of Mouza Radhaballay and bears municipal holding No. 18. The municipal road known as Devanbari road runs from east to west by the northern side of C. S. Plot No. 4220. He had a shop on the northern part of that homestead plot for running the business of sale of paints, distilled water, spirit, motor parts and electric bulbs etc. About 30 years ago, he started a business of supply of petroleum and…

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