Raghubar Dayal, J. - (1.) Prem Shankar Pandaya applies for the issue of directions, orders or writs in the nature of mandamus, prohibition or certiorari declaring that the order of allotment passed on 16-3-1950 in respect of house No. cK/36/7 situate in Chowk Banaras was invalid and illegal, and directing the opposite parties, viz., the U. P. Provincial Co-operative Bank Ltd. and Shri Chunni Lal allottees and the Assistant Kent Control and Eviction Officer, Banaras, and the Rent Control? and Eviction Officer, Banaras, not to take any steps or action on the basis of the allotment order,
(2.) The facts leading to this application are that the applicant is the owner of the house in suit and had let it to the Bharat Bank Ltd., of Delhi. He himself occupied another rented house. The house was let in 1943 under a lease for five years. The lease was renewed in 1948 and was to expire in January 1958. The applicant, however, persuaded the rentee, the Bharat Bank Ltd. of Delhi, to vacate the house in October 1950 as he wanted it for the purpose of his business. The Bharat Bank vacated the house on 31-104950.
(3.) On 15-11-1950 the applicant sent a notice to the Rent Control and Eviction Officer, Banaras, stating therein that he was staying in a rented house and felt great inconvenience there and that he would be staying in and occupying the whole building for his personal use. He requested the Rent Control and Eviction Officer to allot the house in suit to him. The Bent Control and Eviction Officer, however, allotted the house to opposite-parties NOS. 1 and 2 on 16-11-1960 in ignorance of the applicant's application of 15-11-1950. The applicant then filed the present application on 28-11-1950.;