S.C. Manchanda, J. - (1.) This is a writ petition under Article 226 of the Constitution by Suraj Narain Lal, who claimed to be the rightful allotted of the premises since 1948. The prayer is for the quashing of the order of the State Government dated the 28th December 1962 whereby the order of the Commissioner holding that there was no vacancy was set aside without recording a finding as to whether there -was a vacancy or not.
(2.) The facts briefly leading up to this petition are these. The Petitioner left Azamgarh some time in 1957, when his services with the Civil Supplies Department at Azamgarh were terminated and thereafter he obtained fresh employment as Judicial Moharrir in Tahsil Mau. According to him he did not vacate the accommodation and his family continued to reside therein, that he had not abandoned the premises and there was animus reverend that he had continued to pay rent of the premises, and when his family had gone to visit him at Mau and the house was laying locked, the allotment order behind his back, on the 8th March 1960, was passed in favour of opposite party No. 6. No notice is said to have been given to the landlord or to the Petitioner before the said allotment was made.
(3.) On the 25th of April 1960 a notice under Sec. 7A(1) was issued. To this a reply was sent [annexure A to the Petition] wherein it was asserted that the accommodation was allotted in his name in the year 1948 or thereabout that the rent of the house was being paid by him, that he had not Vacated the house, nor did he intend to vacate it, that his family visits Azamgarh often and stays in the house, that house hold necessities are kept therein, and that he intended to settle down at Azamgarh after his retirement.;