- (1.) This is a petition on behalf of seven persons under Article 226 of the Constitution praying that a writ of mandamus be issued directing the opposite parties Nos. 1 and 2, the District Magistrate of Allahabad and the Commanding Officer of the Cantonment, Allahabad, not to interfere in any manner with the possession of the applicants of the houses occupied by them. A prayer was further made that any other order, writ or directnn be issued, as this Court thinks ht, under Article 226 of the Constitution.
(2.) The seven applicants are residents of the Allahabad Cantonments. In the first week of April, 1955 the applicants received notices Under Section 7(1)(b) of the Cantonments (House Accommodation) Act, 1923), under the signature of the Commanding Officer requiring the applicants to vacate their houses on or before 6-5-1955. The Petitioners after making a representation to the Commanding Officer went up in appeal to the Officer Commanding the District against this notice Under Section 30 of the Act. After filing the appeal the applicants sent another application Under Section 33 of the Act asking the Officer Commanding to hold up action till the decision of their appeal. On 12-10-1955 the received another notice under the signature of the District Magistrate, Allahabad, asking them to vacate the house by 25-10-1255 failing which the applicants will be ejected by means of force.
(3.) The present petition has been filed challenging the order passed by the District Magistrate, Allahabad, opposite party No. 1, on 17-10-1955. This order purports to be one Under Section 12 of the Cantonments (House Accommodation) Act, 1923. Notices were issued to the other side. A counter-affidavit has-been filed in which it is stated that the Commanding Officer being satisfied that the houses were suitable for the Officers of the Garrision issued notices Under Section 7 for the vacation of these premises to the applicants. They went up in appeal. It was said that it was given out to the Petitioners orally by the Commanding Officer that their representations were rejected. Thereafter the District Magistrate, Allahabad, issued orders Under Section 12 of the Act. In the counter affidavit it is specifically staved that the deponent Sri A.S. Reddy had no knowledge as to what happened to the petitions appeals.;