A.N. Dikshita, J. - (1.) By means of this petition under Article 226 of the Constitution of India the petitioner has prayed for quashing the order dated 3-1-1979 passed by the Resident Magistrate, Hardwar, and the order dated 12-8-1980 passed by the Additional District and Sessions Judge, Saharanpur, dismissing the revision which have been filed as annexure I and II respectively to this petition.
(2.) In brief the facts are that the petitioner is the landlady of premises no. 316 situate at Jasa Ram Road, Hardwar. The ground floor of the said premises comprises of two rooms, 1 latrine, 1 bathroom, 2 kitchens and one verandah. The first floor was constructed sometime in 1976 and was let out to one Ramesh Chandra Goswami in 1977. A room, a kitchen and verandah on the ground floor in occupation of Prem Prakash was vacated and released in favour of the petitioner vide order of the Resident Magistrate dated 3-10-1978. Later on another portion on the ground floor in occupation of either Raj Kumar or Prem Prakash was also vacated. This portion consisted of one room, one small kitchen common latrine and common bathroom.
(3.) Initially a dispute as regards vacancy was raised by the petitioner while few other persons interested in the allotment of the portion in their favour asserted that the portion had been vacated. However, the Resident Magistrate declared the portion as vacant. The petitioner then applied for the release of the portion in her favour on the ground of her bonafide and genuine need while other persons contested the requirements of the petitioner and were parties to the proceedings in opposing the release application.;