Bind Basni Prasad, J. - (1.) This is an applica-tion under Article 226 of the Constitution directed against the State of Uttar Pradesh and Sri M. M. Ansari, District Judge of Unnao, who has been appointed also as an arbitrator under Section 6, Requisitioned Land (Continuance of Powers) Act, 1947 (Act 17 of 1947). The contention is that the appointment of Sri M. M. Ansari as an arbitrator in the dispute for compensation which has arisen between the applicant and the State of Uttar Pradesh is illegal and ultra vires. The prayer, therefore, is for the issue of a writ of prohibition against the opposite parties restraining them from proceeding further with the proceedings for the determination of the amount of compensation payable to the applicant. The relevant facts are as follows :
(2.) The applicant is the owner of the premises known as "Gopal Niwas" situated in the Civil Lines of the city of Unnao. It was requisitioned by the District Magistrate of Unnao on 13-8-1943, under E. 75A, Defence of India Rules. The order of requisition is as follows : "Whereas it is necessary for public safety and to maintain the medical services essential for the life of the community that Civil Surgeon, Unnao, should have suitable residence, I. T. N. Kaul, District Magistrate, Unnao, hereby requisition under Rule 75A, Defence of India Rules power which have been delegated to me by Notification No. 3862-G.C.C.D. dated 7-5-1942, the building in the Civil Lines belonging to Rai Bahadur Lala Durga Prasad and at present occupied by Major S. S. Gupta, Civil Surgeon, for the residence of Dr. B. S. Gupta, the new Civil Surgeon, Unnao, on the same rent as paid by Major S. S. Gupta hereto. Any contravention of this order shall be punishable with imprisonment for a term which may extend to 3 years or with fine or with both." On 11-11-1943, another order was passed by the District Magistrate in the following terms: "In furtherance of my order dated 13-8-1943, under Rule 75A, Defence of India Rules which did not specify the period for which the Civil Surgeon's house was requisitioned I hereby order that the said house is requisitioned for the use of the Civil Surgeon, Unnao, whoever he may happen to be until such time as this order is not cancelled." The applicant's contention is that the premises consist of "a large spacious bungalow and a beautiful garden." A fruit orchard situated close to the house and owned by the applicant is also said to have been taken possession of with the said premises. The total area of the land thus taken over was 60,-165 square ft. It is said that the property was very well maintained and was in good condition at the time of the requisition. A wire fencing valued at Rs. 2,400 is said to have been added to the property under the orders of the authorities. The property is said to have been of the value of 1,08,434. It is also alleged that the movables worth four to five hundred rupees were also seized along with this property. The property admittedly remained under requisition upto 4-5-1946 when the applicant received the following communication from the Commissioner of Lucknow: "You are informed that Government has ordered that your house should be restored to you and the Civil Surgeon should shift to some other house. The Deputy Commissioner, Unnao, has been advised accordingly." On 8-5-1946, the applicant approached the Deputy Commissioner of Unnao for the restoration of the property to him. It is alleged that the Deputy Commissioner ordered that the necessary steps were being taken for the restoration of possession. On 7-10-1946, the applicant served a notice on the Chief Secretary and Dr. Yar Muhammad Siddiqi, the then Civil Surgeon of Unnao, who was then occupying this building. In November 1946 he brought a suit for the ejectment^, of Dr. Siddiqi. It is said that he obtained permission of the trial Court to sue subsequently for arrears of rent and for damages. The suit for ejectment was decreed on 14-4-1947. There was an appeal against that decree by Dr. Siddiqi to the District Judge of Unnao who reversed the decree of the Civil Judge and held that the order of the Government did not amount to de-requisition. The applicant filed a second appeal in 1948 which is still pending before the Lucknow Bench of this Court. This closes one chapter of the dispute.
(3.) As regards the compensation payable to the applicant the State Government acting under Section 6, Requisitioned Land (Continuance of Powers) Act, 1947, first appointed Sri Babu Ram Verma, the then District Judge of Unnao, as an arbitrator on 17-3-1950. Sri Babu Ram Verma was transferred from Unnao and by the order dated 10-9-1951, Sri M. M. Ansari, the present District Judge of Unnao, has been appointed as the arbitrator. The order runs as follows: "In supersession of Notification No. A-456-XXV/CX dated 17-3-1950 and in exercise of the powers conferred by Section 6, Requisitioned Land (Continuance of Powers) Act, 1947 (Act XVII [17] of 1947) the Governor of Uttar Pradesh is pleased to appoint Sri. M. M. Ansarj, District Judge, Unnao, vice Sri Babu Ram Verma transferred, as arbitrator under Section 19 (1) (b), Defence of India Act, 1939 (Act XXXV [35] of 1939), for determining the amount of compensation, if any, payable to the owner of the building known as 'Gopal Niwas,' Civil Lines, Unnao." A copy of this order was forwarded to the applicant as the owner of the house.;