R. Dayal, J. - (1.) This is an appeal against the order of Mr. Justice Oak dismissing the Appellant's petition u/Art. 226 of the Constitution.
(2.) The Appellant is the tenant of a portion of house No. 83 Johnstonganj, Allahabad, Respondent No. 3 is its owner. An application by Respondent No. 3 to the District Magistrate of Allahabad for permission to sue the Appellant for ejectment was rejected by the Additional District Magistrate, Allahabad, but was allowed by the Additional Commissioner, Allahabad on 19-12-1956. In view of the permission granted the Respondent No. 3 instituted suit No. 165 of 1957 in the court of the Munsif West, Allahabad, Respondent No. 2, for the ejectment of the Appellant.
(3.) The Appellant however submitted a representation against the order of the Commissioner Under Section 7F of the Rent Control and Eviction Act to the State Government on 22-1-1957 through the District Magistrate and submitted another representation directly on 13-2-1957. The State Government was of the opinion that it was not possible to consider the representation which it considered had become infructuous in view of the institution of the civil suit for ejectment by the Respondent No. 3, and conveyed this opinion to the Appellant. The Appellant thereupon filed a writ petition u/Art. 226 of the Constitution praying for the quashing of the order of the Government dated 14-8-1957 and for the issue of a writ of mandamus to the State Government commanding it to dispose of his representation Under Section 7F of the UP Rent Control and Eviction Act on its merits. The learned Judge rejected this prayer observing that "Once a suit is filed with the requisite permission, any subsequent cancellation of the permission will not compel the civil court to dismiss a suit properly instituted. In such a case cancellation of a permission subsequent to the filing of the suit will have no practical effect. In such a situation it is futile for a Commissioner or the State Government to cancel the permission". The Appellant appeals against this order.;