B.R. James, J. - (1.) Bungalow No. 12, Stanley Road, Allahabad, is owned by Mr. Mohan Lal Khattri, who is employed at Calcutta. Its tenant is Mr. Rabindra Nath Mitra, an Advocate. Desirous of occuping the house after his retirement Mr. Khattri under Sec. 3 (1) of the Control of Rent and Eviction Act (hereinafter referred to as the Act) made an application to the District Magistrate for permission to file a suit for Mr. Mittra's eviction. The District Magistrate refused permission. Mr. Khattri instituted a revision before the Commissioner, but there too remained unsuccessful. Thereupon he made a representation to the State Government, which passed an order dated the 22nd August 1957 by which it set aside the Commissioner's order and granted permission to Mr. Khattri to sue Mr. Mittra for eviction. Mr. Mittra now comes to this Court under Article 226 of the Constitution and prays that the State Government order aforesaid be quashed and Mr. Khattri prohibited from filing a suit.
(2.) The State Government has acted in purported exercise of its powers under Sec. 7-A of the Act. This section is worded thus:- "The State Government may call for the record of any case granting or refusing to grant permission for the filing of a suit for eviction referred to in Sec. 3 or requiring any accommodation to be let or not to be let to any person under Sec. 7 and may make such order as appears to it necessary for the ends of justice."
(3.) Now, it is necessary to bear in mind that before the State Government passed the impugned order it did not call for the record of the case, nor did it hear Mr. Mittra instead it asked Mr. Khattri to file copies of the orders of the District Magistrate and the Commissioner and this he did.;