Dhavan, J. - (1.) This is a petition u/Art. 226 of the Constitution praying for the quashing of an order passed by the RC and EO, Agra, on 20-11-1956, allotting the Petitioner's house to Sri A. C. Nanda, Income Tax Officer, Agra, Respondent No. 3. The Petitioner also prays for a writ of mandamus commanding the Distt. Magistrate and the RC and EO, Agra, to dispossess Mr. A. C. Nanda from the house in dispute and put the Petitioner in possession.
(2.) At the very outset it may be stated that the second relief has become infructuous. Mr. G. P. Tandon Learned Counsel for Mr. A. C. Nanda, Respondent No. 3 states that his client had vacated the house. In the circumstances there is no question of dispossessing him even if the Petitioner succeeds in this petition.
(3.) The facts, as stated in the affidavit sworn by the Petitioner's husband, are these: The Petitioner is living in a small rented accommodation in Agra, which is insufficient for her use. She purchased the house in dispute in the hope that she would be able to live in it, if and when it fell vacant. Till lately the house was occupied by the then Income Tax Officer. When he was about to be transferred the Petitioner made an application u/R. 6 of the Control of Rent and Eviction Rules for permission to occupy the house in view of her needs. Meanwhile the new Income Tax Officer who had been posted to Agra, also applied for the allotment of the house to him.;