S.N. Dwivedi, J. - (1.) THESE appeals have been filed against the judgment of a learned Single Judge. They proceed on similar facts and raise common questions of law. Accordingly we shall decide them by a single judgment.
(2.) THE State Govt. has constructed certain houses in the city of Kanpur under the subsidised Industrial Housing Scheme for industrial workers. The Scheme is subsidised by the Central Govt. Some of the Appellants occupied some houses without any right, title or interest; some others had occupied other houses by virtue of an allotment made in their favour by the appropriate authority constituted under the U.P. Industrial Housing Act, 1955 but the allotment orders were subsequently cancelled; the remaining Appellants have been inducted in the houses by the second set of Appellants. Obviously none of them is entitled to continue in possession over the houses. Section 21 of the U.P. Industrial Housing Act, 1955 (hereinafter called the 1955 Act) provides for ejectment of persons who are "in unauthorised occupation of any premises." The Housing Commissioner may take action Under Section 21 for their eviction. An appeal from his order lies to the State Govt. Under Section 22. A Full Bench of this Court held in Ram Gopal Gupta v. Assistant Housing Commissioner, 1967 AWR 845 (2) :, 1968 ALJ 339 that Section 21 of the Act is violative of Article 14 of the Constitution and is void. The Full Bench felt that as the Housing Commissioner may evict some trespassers Under Section 21 and may prefer to go to the Civil Court for eviction of other similarly situated, the Act was discriminatory. The Full Bench rested its opinion on the decision of the Supreme Court in the Northern India Caterers (P) Ltd. v. State of Punjab : AIR 1967 SC 1581. After the Full Bench decision, action for eviction is being taken against the Appellants under the UP Government Premises (Rent Recovery and Eviction) Act, 1952 (hereinafter called the 1952 Act). Section 7 of the 1952 Act provides for eviction of persons who are "in an unauthorised occupation of any Govt. premises." The authority authorised to initiate proceedings Under Section 7 is the competent authority. The competent authority has issued notices Under Section 7 to the Appellants.
(3.) THE Appellants filed petitions Under Article 226 of the Constitution in this Court. They prayed for the quashing of the notices. They challenged the constitutionality of the 1952 Act. A learned Single Judge has dismissed their petitions.;