S.G. Manchanda, J. - (1.) These two writ petitions, under Article 226 of the Constitution, arise out of the same facts, and are, therefore, consolidated and disposed of by a common order. The relied claimed is for the quashing of the order of the State Government dated the 26th August 1963, Under Sec. 7F of the U.P. Control of Rent and Eviction Act (hereinafter referred to as the Act) and that order of the eviction passed Under Sec. 7F (2) of the Act.
(2.) The facts leading up to these petitions are these. There is a house No. 23/17A on Shea Charan Lal Road Allahabad, which was owned by Sri. Mumtaz Ul Haq. A portion of gh(sic) house on the ground floor, which was a separate accommodation was in the tenancy of one Mr Ghosh. The latter had vacated the house on the 20th April 1962. The Petitioner moved an application for allotment of this accommodation mainly on the ground that he was a sub tenant of a certain portion of the accommodation from Mr. Ghosh and had stored some machinery therein. The landlord consented to this. Prior to this, however, the Respondent No. 3 Mr. Jai Ram Bhareava, had already applied for the allotment of the accommodation in his favour. By an order dated the 18th August 1962, the Rent Control and Eviction Officer, after beating the parties at great length, and perusing the affidavits filed by them, the report of the Rent Control Inspector dated the 3rd May 1962, and upon a local inspection made by the Rent Control Officer himself, came to the conclusion that the Petitioner had not come with clean hands and his conduct had been far from satisfactory, and that he had entered into possession of the accommodation without an allotment order and so deserved to be evicted therefrom. The need of the Respondent No. 3 was found to be genuine and pressing. He, accordingly, rejected the application filed by the landlord under Rule 6 as well as the application of the Petitioner for allotment of the accommodation by his order dated the 18th August 1962. Pursuant to that order, on the same date, i.e. 18th August 1962 the land -lord was directed to let the accommodation to opposite party No. 3. There upon a detailed objection was filed by the Petitioner on the 8/10th September 1962, praying for the cancellation of this order. This application came to be disposed of on the 31st December 1962 by another Rent Control and Eviction Officer, who had succeeded the officer who had passed the earlier order and the allotment order dated the 18th August 1962. This Officer allowed certain additional documentary evidence to be filed before him and took the view that the earlier order was (sic)ot rightly passed by his predecessor and therefore differing from it directed: Issue allotment order accordingly (sic) suppression of the previous allotment order dated the 18th August, 1962." An allotment order pursuant thereto was passed on the same day i.e. 31. 12.1962 in favour of the Petitioner. Against this order the opposite party No. 3 went up in revision to the State Government under Sec. 7F of the Act. In the meanwhile the Petitioner who claimed that he was already in occupation as a subtenant under the previous tenant, Mr. Ghosh, had taken formal possession from the landlord who was obviously supporting him. The State Government, after calling for the objections of the Petitioner, who filed his objection in great detail, disposed of the revision by allowing it and cancelled the allotment order dated the 31st December, 1962 in favour of the Petitioner. No express order, however, was passed restoring the allotment order dated the 18th August 1962. in favour of opposite party No. 3. The order Under Sec. 7F of the Act was passed on the 26th August 1963. Apparently, on the receipt of that order a notice dated the 30th August 1963, was issued by the Rent Control and Eviction Officer to the Petitioner which reads: I an directed to inform you to appear before the Rent Control and Eviction Officer, Allahabad on 9.9.1965 at 2 p.m. in connection with a case of allotment in respect of house No. 23/17A, Shiv Charan Lal Road.
(3.) This notice does not specify the Sec. under which it was issued or the exact purpose for which. the presence of the Petitioner was required on the 9th September 1963, by the Rent Control and Eviction Officer. Thereafter an order on the 30th September 1963, was passed wherein the past history of the case was recapitulated in brief and it was observed: After due consideration the allotment order passed in favour of Sri Wahid Husain was quashed by the State Government and Sri Jairam Bhargava got success. The allotment order dated 18th August 1962 stands restored. Proceedings upto the stage of the notice under Sec. 7A(1) have already been taken. Issue notice Under Sec. 7A(2) put up on 3.10.1963. On that very date the notice Under Sec. 7A(2) was issued which runs: Whereas you have occupied house No. 23/17A, Sheo Charanlal Road without any allotment/release order and your reply to notice Under Sec. 7A(i) being unsatisfactory has been rejected you are hereby directed Under Sec. 7A(ii) of the Rent Control Act to vacate the said house by 3.10.1963 and deliver its possession to Sri Jai Ram Bhargava the allottee, failing which you are liable to be evicted from the aforesaid house Under Sec. 7/A(iii) of the Act.;