B.K. Roy, J. - (1.) THE petitioners pray to quash the orders of allotment of their house in favour of respondent Nos. 3 and 4. In view of the nature of the order which I propose to pass, I do not consider necessary to state the facts at length. It appears that the allotment of the house of the petitioners was made in favour of respondent Nos. 3 and 4 taking into account a circumstance, namely, the recommendations of the District Magistrate on the letter written by the Speaker of the Legislative Assembly of this State. This is apparent from the pre -ultimate paragraph of the revisional order.
(2.) THE submission of Mr. Sahai, learned counsel appearing in support of this writ petition is that under Section 16 of the Act it is the District Magistrate who has been vested with jurisdiction to make allotment and release of the vacant buildings and his jurisdiction was exercised by the Rent Control and Eviction Officer, Faizabad, respondent No. 2, in the capacity of delegatee. The Respondent No. 2 being a subordinate officer to the District Magistrate, Faizabad, who had made recommendations on the letter of the then Speaker of the U.P. Legislative Assembly, vitiated the very allotment but this legal aspect of the matter was illegally overruled by the revisional authority and accordingly it would be in the interest of justice to set aside the impugned orders and remit back the matter to Respondent No. 2 for fresh disposal in accordance with law. Mr. M. Sayeed, learned counsel for the allottees opposite parties Nos. 3 and 4, on the other hand, contended that the impugned orders are not based merely on the recommendations but on numerous other facts and circumstances and accordingly no interference is required by this Court.
(3.) IN my view the submissions of Mr. Sahai are well merited. The finding of fact recorded by the revisional authority leaves no manner of doubt that the recommendations of the District Magistrate on the letter of the Speaker of the U.P. Legislative Assembly has influenced the mind of the Rent Control and Eviction Officer, Faizabad, who is undisputedly subordinate to the District Magistrate, Faizabad. The Rent Control and Eviction Officer, Faizabad, being a quasi -judicial authority, was to record his findings uninfluenced by any recommendations whatsoever. For this reason alone the impugned orders are liable to be quashed. In the result this writ petition succeeds in part, the impugned orders as contained in Annexures -2 and 3 are quashed and case No. 7 of 1987 is remitted back to the court of Respondent No. 2 for fresh disposal in accordance with law.;