MADAN SINGH Vs. STATE OF UTTAR PRADESH AND OTHERS
LAWS(ALL)-1965-3-40
HIGH COURT OF ALLAHABAD
Decided on March 10,1965

MADAN SINGH Appellant
VERSUS
State of Uttar Pradesh and others Respondents


Referred Judgements :-

JAGDISH NARAIN BHARGAVA V. STATE OF U.P. [REFERRED TO]
SWADESHI COTTON MILLS CO LIMITED R J HOLLEY VS. STATE INDUSTRIAL TRIBUNAL U P:STATE OF UTTAR PRADESH [REFERRED TO]


JUDGEMENT

Satish Chandra, J. - (1.)THIS is a petition under Article 226 of the Constitution. It prays that the order dated 10 -2 -1960 passed by the District Magistrate, Dehra Dun, be quashed and such other writ, order or direction be issued as the circumstances may require.
(2.)THE Petitioner came to Dehra Dun in 1947 after the partition of the country, as a refugee. Against his claims for compensation permissible to displaced persons he purchased in June 1966, the house in dispute No. 1, Raja Road, Dehra Dun, consisting of a main bungalow and an annexe or Rs. 75,000/. The building had been requisitioned by the District Magistrate, Dehradun under the U.P. (Temporary) Accommodation Requisition Act, 1947. The main bungalow was then being used as the residence of the Munsif and the annexe as his court room.
The Petitioner needed the house for his personal use. He made representations to the District. Magistrate as also to the District judge, Dehra Dun. He also represented to the High Court. By a letter dated 15 -5 -1958 the Deputy Registrar of the High Court informed the Petitioner that the building cannot be released at present as no other suitable building was available and that as soon as an accommodation is available the building would be released.

(3.)SOON after the Petitioner came to know that the then Munsif, Sri. J.P. Agarwala was under orders of transfer and would soon vacate the accommodation, that a new building was being constructed in the Collectorate for the purpose of the Munsif's court room and that the Munsif's court room is likely to shift to the new building, he made an application on 2.7.1959 to the District Magistrate, Dehra Dun, praying that under the circumstances the building be requisitioned and possession be delivered to him. Sri. J.P. Agarwala did vacate the premises on being transferred and he was succeeded by Sri. Rajendra Narain Sinha. On 11.7.1959 the Petitioner received an order of allotment dated 1.7.59 purported to have been passed under Section 7(2) U.P. Control of Rent and Eviction Act allotting 1, Raja Road, Dehra Dun, in favour of Sri. Rajendra Narain Sinha. This order directed the Petitioner to let out the building to Sri. Rajendra Narain Sinha on rent. The Petitioner on 8.9.1959 made a representation to the Rent Control and Eviction Officer, Dehra Dun, praying that he may be pleased to cancel the allotment order and the building in dispute be released for the personal use of the Petitioner. The Rent Control and Eviction Officer replied that there was no suitable building at his disposal which could be allotted to Sri. Rajendra Narain Sinha, and that a suitable building will be allotted to him as soon as one is available. The Petitioner received this letter on 10 -10 -1959. It is noticeable that the allotment order passed in July 1959 related to the portion which was in occupation of the erstwhile Munsif i.e. the main bungalow. On the same day i.e. 10th Oct., 1959 the Petitioner received another letter from the Rent Control and Eviction Officer, Dehra Dun. This enclosed a copy of the allotment order dated 20th September, 1959 directing the Petitioner to let out to Sri Probation Officer, Dehra Dun'' building No. 1, Raja Road which has been vacated "by Sri. Munsif court."
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