The appellant filed a writ petition in the Allahabad High Court challenging the validity of the order.
One of the grounds of challenge was that the order was made without issuing any numberice to him and without giving him a hearing.
The order was made on October 4, 1969.
Appeal by certificate from the judgment and order dated January 23, 1970 of the Allahabad High Court in Civil Misc.
M. Tarkunde J. B. Goyal and R. A. Gupta, for the appel lant.
N. Dikshit and M. V. Goswami, for the respondent.
39,8/5, Meerapur, Allahabad.
300/ .
The State Government obtained the lease for the purposes of residence or Office of the Directorate of Geology and Mining, U.P. The lease was signed by Shri P. N. Singh, Geologist, on behalf of the State Government.
CIVIL, APPELLATE JURISDICTION Civil Appeal No.
The District Magistrate, Allahabad passed an order under S. 3 of the U.P. Temporary Accommodation Requisition Act, 1947 hereinafter referred to as the Act .
The period of lease with respect to Ms own house expired on September 9, 1969.
33, Pan Dariba to house No.
DWIVEDI, J. The appellant is the owner of 32, Balrampur House, Mumfordganj, Allahabad.
392 of 1970.
80 of 1972.
Writ No.
The argument of want of numberice and hearing was number accepted by the High Court.
His own house he let out on September 9, 1964 to the State Government for a period of 5 years on a I monthly rent of Rs.
The Judgment of the Court was delivered by.
In 1967 the appellant had shifted from the house No.
In Meerapur he was living as a tenant.
After residing therein for some time, he started living in 33 Pan Dariba, Allahabad with his mother.
Feeling aggrieved with the decision of the High Court, the appellant has filed this appeal by special leave.
By the order the District Magistrate requisitioned the house to provide accommodation to Shri P. N. Singh, Geologist, Directorate of Geology and Mining, U.P. The appellant was directed to hand over possession of the house within 24 hours after the expiry of 15 days from the date of the service of the order on him.
The petition was dismissed summarily by a Division Bench of the High Court.
