Skip to content


Smt. Saraswati Devi and anr. Vs. District Magistrate and anr. - Court Judgment

LegalCrystal Citation
SubjectConstitution
CourtAllahabad High Court
Decided On
Case NumberCivil Misc. Writ No. 2117 of 1963
Judge
Reported inAIR1965All236
ActsDefence of India Act, 1962 - Sections 2, 29 and 40; Army Act, 1950 - Sections 3; Constitution of India - Article 226
AppellantSmt. Saraswati Devi and anr.
RespondentDistrict Magistrate and anr.
Appellant AdvocateYashodanandan, Adv.
Respondent AdvocateStanding Counsel
DispositionPetition allowed
Excerpt:
constitution - requisition of immovable property for the purpose of n.c.c. - section 29 of defence of india act, 1962 and section 3(vi) and (xi) of army act, 1950 - order under section 29 whereby immovable property was requisitioned for the purpose of n.c.c. can not be made - held, court can decide whether the order falls within the ambit of section and if it does not fall within the ambit then the writ can be issued. - .....tripathi, j. 1. this writ petition is directed against the orders of the district magistrate of deorla requisitioning a house under section 29 of the defence of india act, 1962.2. the petitioners are the owners of a house in the town of deorla. at the relevant time the petitioner no. 1 was living in a portion of the building and the other portion was tenanted by a. n. chauhan, an assistant engineer in the public works department of the state government.3. on the 20th of february, 1963 the district magistrate of deorla passed an order requisitioning the aforesaid building which reads:no. 810/reeo dated 20-2-63 to shri hari shanker misra (owner) excise inspector gauri bazar sugar factory, gauri bazar distt. deoria. whereas in my opinion it is necessary and expedient to requisition.....
Judgment:
ORDER

H.C.P. Tripathi, J.

1. This writ petition is directed against the orders of the District Magistrate of Deorla requisitioning a house under Section 29 of the Defence of India Act, 1962.

2. The petitioners are the owners of a house in the town of Deorla. At the relevant time the petitioner No. 1 was living in a portion of the building and the other portion was tenanted by A. N. Chauhan, an Assistant Engineer in the Public Works Department of the State Government.

3. On the 20th of February, 1963 the District Magistrate of Deorla passed an order requisitioning the aforesaid building which reads:

No. 810/ReEO dated 20-2-63

To

Shri Hari Shanker Misra (Owner)

Excise Inspector

Gauri Bazar Sugar Factory,

Gauri Bazar Distt. Deoria.

Whereas in my opinion it is necessary and expedient to requisition the Immovable property specified in the schedule hereto annexed of which you are the owner, person in possession, for securing the defence of India or efficient conduct of military operations.

Now, therefore in exercise of the powers under Section 29 of the Defence of India Act, 1962 (Act No. 51 of 1962) conferred on me by Central Government under Notification No. 3/2/62- Poll (Spl)-II (G.S.R. No. 1716) dated December 13, 1962, issued by the Ministry of Home Affairs, I S. N. Pandita, District Magistrate, Deoria, hereby requisition the aforesaid immovable property and further make the orders which appears to me necessary and expedient in connection with the said requisitioning.


Save Judgments// Add Notes // Store Search Result sets // Organizer Client Files //