Mehrotra, J. - (1.) There are two shops Nos. 340 and 340A situated in mohalla Rangsaz in Meerut Cantonment. They were rented out to one Mohamrnad Khan in the year 1914. He put up certain machineries there and obtained electric connection for working those machines. According to the petitioners he established a factory there and in the year 1947 the entire running factory was sold to one Shri Malik Ram, who thereafter sold it to the owners of the house Messrs. Sagarmal Mohan Lal and Sons who are opposite party No. 4 in this petition in execution of a decree on 3-1-1956. The petitioners state that thereafter the owners sold the running factory situated in the shop along with the machineries on 4-1-1956 to the petitioners. Under that transfer (he Petitioners came in possession of the two shops and the compound along with the machineries fitted therein.
(2.) The opposite-party No. 1 Station Staff Officer of Meerut Cantonment issued a notice upon opposite-party No. 4, the owners of the premises asking them to let out the above shop to the opposite parties Nos. 2 and 3. A reply was sent by the owner to that notice. Thereafter another notice was served upon the applicant who also sent his reply on 11-1-1956. On the 17th of January, 1956 another notice was served by the Station Officer on the petition which reads as follows:- "Whereas I the undersigned am satisfied that you are in possession of shops Nos. 340 and 340A Rangsaz mohalla, Meerut Cantonment in contravention of the provisions of Section 9(1) of the U.P. Cantonment Rent (Control and Eviction) Act, 1952, I hereby call upon you to vacate the said premises within 15 (fifteen) days from the date of service of this notice. I am to warn you that in case you fail to vacate the said premises within the period specified above, you will be liable to be forcibly evicted therefrom."
(3.) A reply was sent to this notice on 18-1-1956 by the petitioners. On 25-1-1956 a letter was sent to the Superintendent of Police of Meerut by the Station Staff Officer in which it was requested that under Clause 10 of the U.P. Rent Control and Eviction Act arrangement may be made to evict the Petitioners and its possession be handed over to Sri Harcharan Singh and Bodh Raj who were the allottees. The petitioners approached the Superintendent of Police but he was forcibly dispossessed on the 28th of January, 1956 and the opposite parties placed their unauthorised lock over the factory. On these facts the present petition was filed on 8-2-1956 under Article 226 of the Constitution praying that a writ of certiorari be issued quashing the order of allotment in favour of opposite parties Nos. 2 and 3 and the order made under Section 10 of the U.P. Cantonment Control of Rent and Eviction Act by the Staff Officer for the ejectment of the Petitioner and a mandamus be issued directing the opposite parties to restore possession to the applicants.;