S.S. Dhavan, J. - (1.) This is a petition u/Art. 226 of the Constitution impugning the legality of the order of the Rent Control and Eviction Officer, Lucknow, dated 25-7-1956, allotting a house belonging to the Petitioner to Sri S.M. Goyal, Respondent No. 1, and of the proceedings initiated by that officer Under Section 7-A(l) by his notice to the Petitioner dated 31-7-1956. The Petitioner's allegations are these. She is the owner of the house No. 25, Ashok Marg (Outram Road) Lucknow. This house was allotted to Sri Ram Surat Singh, Additional Director of Agriculture, on 9-12-1955. On 20-5-1956, he informed the Petitioner's son of his intention to vacate it and actually did so on 24/25-5-1956. The Petitioner sent an intimation in writing to the Rent Control and Eviction Officer, Lucknow, on that very date. But the house remained un-allotted till 3-7-1956. On that date an allotment order was passed in favour of Sri Bhaskaranand, Assistant Commissioner, Sales Tax, UP. That Officer refused to take that house, which continued vacant. The Petitioner waited till 25-7-1956, and on that date she sent an intimation to the Rent Control and Eviction Officer of her decision to occupy the house for her own use. The Petitioner did occupy the house with the purpose shifting part of her family to Lucknow. The Petitioner has alleged that she wanted to educate her two sons in the University of Lucknow and also to obtain treatment for her heart trouble in that city. The Petitioner's application was delivered to the Rent Control and Eviction Officer by her son on 25-7-1956. On that very date an application for the inspection of the file relating to this house was also made. The Rent Control and Eviction Officer rejected the application for inspection. The petitioner's allegation is that he felt annoyed because she had asserted her needs. The Petitioner also states that the Officer made no enquiry into the genuineness of her personal need and rejected her application dated 25-7-1956, on the very date. Simultaneously an order of allotment was passed in favour of Sri S. M. Goyal Respondent No. 2. This is also dated 25-7-1956.
(2.) On 31-7-1956, the Rent Control and Eviction Officer issued a notice against the Petitioner Under Section 7-A (1) of the UP (Temporary) Control of Rent and Eviction Act asking her to show cause why the allottee should not be put in possession of the house as the Petitioner had failed to deliver possession to him. This letter is dated 31-7-1956, and was sent by registered post, acknowledgement due, to her at Allahabad. The notice required that the Petitioner's reply must reach the Rent Control and Eviction Officer by 1-8-1956. The notice was received by the Petitioner at Allahabad on 2-8-1956, when the date for the filing of reply at Lucknow had already expired. However, on 4-8-1956, the Petitioner sent her reply by registered post.
(3.) Meanwhile, on 5-8-1956, Sri S. M. Goyal, the allottee, was put in possession of the house after the Petitioner's lock had been broken open and her movables inside the house removed. These consisted of a few beds, steel trunks, fans, stove and cooking, utensils. On 9-8-1956 the Petitioner received a reply from the Rent Control and Eviction Officer that her objection dated 4-8-1956, had been considered and rejected by him.;