A.B. Srivastava, J. - (1.) THIS is a tenant's writ petition wherein the petitioner has sought Sections 24 -B and 24 -C of U.P. Act 13 of 1972 to be declared ultra vires and a writ of certiorari issued quashing the proceedings arising out of an application under Section 24 -B filed by the respondent No. 1 before the respondent No. 3 R.C. and E.O. Allahabad. As only certain questions of law have been raised in this writ petition it is being finally disposed of at admission stage after hearing both the parties' learned counsel. The petitioner is a tenant of house No. 29 -H Hastings Road Housing Scheme, Allahabad owned jointly by the respondent Nos. 1 and 2. The respondent No. 1 filed an application under Section 24 -B of Act 13 of 1972 on the ground that her husband who as Member, Board of Revenue Allahabad, was allotted Bungalow No. 3 Board of Revenue Compound Allahabad, retired on 17.7.1994 and was appointed member C.A.I. at Allahabad on 18.7.1994. He thus shall have to vacate the public premises in his occupation in pursuance of a general as well as special order, the said premises being meant only for members of the Board. The respondent No. 1 who has been residing in the said public premises with her husband now requires the building in the tenancy of the petitioner. Accordingly a prayer was made to evict the petitioner in summary proceedings under Section 24 -B.
(2.) THE petitioner's contention is that on the facts stated by the respondent No. 1, the application for eviction does not lie under Section 24 -B. -A perusal of the provisions of Section 24 -B would go to show that this contention has force. What Section 24 -B envisages is summary trial of an application for eviction of a tenant where the landlord being a person in occupation of any residential public building is required by or in pursuance of any general or special order to vacate such building or in default, to incur certain obligations on the ground that he owns in the same city or municipality residential building either in his own name or in the name of any member of his family. In the instant case on the own averments of the respondent No. 1 in the application, there is no such general or special order to vacate on the ground that the landlord owns in the city of Allahabad a residential building in his own name or in the name of any member of his family. Consequently, the provisions of Section 24 -B were not attracted. The respondent has no doubt now produced a copy of an Order dated 22.10.1994 of the Secretary, Board of Revenue in this regard, but it does not go to rectify the defect in the cause of action as on the date of moving the application in question, though it may be relevant for a future cause of action. The present application thus is liable to be quashed. The other contention regarding the provisions of Sections 24 -B and 24C being ultra vires, being violative of Article 14 of the Constitution of India, is however, not sustainable in view of the fact that the subject matter of the same is somewhat different than what is contemplated by Section 21 of the Act, providing a quicker remedy by summary procedure in cases covered by Section 24 -B than those covered by the provisions of Section 21 of Act 13 of 1972 cannot therefore, be said to be unreasonable or arbitrary. Even in such proceeding provision for the tenant to contest has been made. Simply because permission of the District Magistrate has been made a condition precedent to such contest it cannot be said to give uncanalised power or to be illusory. The provisions of Section 24 -B and 24C of Act 13 of 1972 thus are perfectly valid and within the competence of legislature. The impugned proceedings thus are not rendered unsustainable on this ground, although as stated above, the same is unsustainable on another ground. Accordingly the writ petition is allowed. The proceedings under Section 24 -B of Act 13 of 1972 pending before the R.C. and E.O. vide application Annexure -SA 1 is held non -maintainable and is quashed without prejudice to the respondent No. 1's right to move a fresh application in accordance with law.;