S.D. Khare, J. - (1.) THIS is a petition Under Article 226 of the Constitution of India and the prayer is that a writ in the nature of a writ of certiorari may be issued quashing the impugned orders dated 23 -6 -1965 (Annexure IV and V) passed by the opposite party No. 1.
(2.) THE accommodation in question is a portion of Kothi No. 54, Churchill Road, Civil Lines, Moradabad. The Petitioner purchased the Kothi by means of a sale deed dated 3 -5 -1965 for a consideration of Rs. 1,10,000/ -, two tenants of which the Civil Surgeon Moradabad and one Mrs. G.B. Singh lived in portions of that Kothi. The portion occupied by Mrs. G.B. Singh fell vacant and on 17 -5 -1965 the Petitioner, who had purchased the Kothi a few days earlier, applied for the release of the portion occupied by Mrs. G.B. Singh, Sri V.S. Mathur, A.S.P., Moradabad, opposite party No. 3, applied for the allotment of the portion of the house previously occupied by Mrs. I.B. Singh. The Rent Control and Eviction Officer, Moradabad, dismissed the application for release moved by the owner of the house and allotted the house (portion) to opposite party No. 3. While rejecting the application moved by the owner for the resale of the house the Rent Control and Eviction Officer accepted the case of the Petitioner that he had no house of his own at Moradabad and was living in a portion of the house of his friend named Sri Bishan Narain. The Rent Control and Eviction Officer, however, dismissed the application for the release of the accommodation moved by the owner of the house merely on extraneous considerations such as why the Petitioner had never made any attempt to get any house allotted in his favour and why he had not built a house of his own, particularly when he had ample money at his disposal.
(3.) IT has been contended by the learned Counsel for the Petitioner that both the impugned orders should be quashed for the simple reason that there had been no consideration at all of the need of the landlord and the Rent Control and Eviction Officer had dismissed his application for release without exercising the jurisdiction vested in him.;