S.C. Mathur, J. - (1.) SRI Nirbhay Narain has directed this petition against the order dated 25 -8 -83 (Annexure 3) passed by the District Judge, Luck -now, whereby the premises in dispute have been de -requisitioned under the provisions of U.P. (Temporary) Accommodation Requisition Act, 1947. The facts about which there is no dispute between the parties may be stated. Smt. Chandrawati Seth, opposite party No. 3, is owner of the House No. 13 situate at Ashok Marg, Lucknow. This house was requisitioned by the District Magistrate in March, 1954 under Section 3 of the aforesaid Act. Thereafter it appears that it was occupied by a nominee of the State Government. The said house was allowed to be occupied by the petitioner who at that time was holding the office of Minister of Agriculture and Parliamentary Affairs. In pursuance of the order passed by the State Government the District Magistrate issued an order dated 7 -7 -81 (Annexure I) by which the petitioner was allowed to occupy the house in dispute. By the impugned order dated 28 -5 -83 the District Magistrate has derequisitioned the house and has directed the petitioner to deliver possession of the premises to opposite party No. 3 within 15 days of the receipt of the order. The petitioner has challenged this order on the following grounds: (1) The allotment of the house in favour of the petitioner had been made by the State Government and it was State Government alone which could cancel the allotment and, therefore, the impugned order passed by the District Magistrate is illegal. (2) Admittedly the petitioner was in occupation of the house in dispute and yet no opportunity of hearing was afforded to him; (3) Opposite party No. 3 has got several houses in the city of Lucknow and therefore there was no occasion to de -requisition the house in her favour.
(2.) THE writ petition has been opposed by opposite party No. 3, the owner of the house, as well as on behalf of opposite party Nos. 1 and 2. On behalf of opposite party No. 3 counter -affidavit has been filed by Sri P.D. Seth who claims to hold power of Attorney on her behalf.
(3.) ON behalf of opposite parties Nos. 1 and 2 counter -affidavit has been filed by Mahesh Chandra Saxena, Senior Supply Inspector, District Supply Officer, Lucknow.;