- (1.) Though this appeal relates to a comparatively small matter, it has exposed several disturbing features. Hence it is necessary to set out the facts of the case in some detail.
(2.) The appellant is a tenant of the respondent. She is occupying one of the premises belonging to the respondent. The respondent is seeking to evict her from the said premises. For that purpose she applied to the District Magistrate, Dehrudun, who is also the Rent Controller, under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act, 1947 (to be hereinafter referred) to as the Act) for permission to sue the appellant for her eviction. The permission asked for was granted by the Rent Controller. As against that order, the appellant went up in revision to the Commissioner, Meerut Division, Meerut who affirmed the order of the District Magistrate. Thereafter the appellant went up in revision to the State Government. During the pendency of that proceeding the State Government passed an order of stay which reads : "Operation of the permission under S. 3 of the Act granted by the Commissioner, Meerut Division, Meerut to the opposite party, landlady to file the suit for the petitioner's ejectment from the house in question is stayed pending consideration of the case by the State Government."
(3.) Later the State Government allowed the revision petition and set aside the permission granted. The respondent challenged the legality of the order made by the State Government before the High Court of Allahabad in a petition under Art. 226 of the Constitution. The High Court set aside the order of the Government on the ground that the State Government in deciding the revision petition had allowed itself to be influenced by irrelevant considerations. The concluding portion of the order of the High Court reads : "The petition is allowed. The order of the State Government dated 14-6-1966 (Annexure E to the petition) is quashed. The State Government is directed to rehear Smt. Prabhawati Devi's revision under section 7-F of (Temporary) Control of Rent and Eviction Act, according to law. The petitioner shall get costs of this petition from respondent No. 1.";