- (1.) This is a writ petition on under Articles 226 of the Constitution of India arising out of proceedings under Section 16 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter called the Act).
(2.) Briefly stated that facts giving rise to this petition are that Late Sri T. Prasad, husband of the petitioner was retired) Income Tax Officer and was living with his family in House No. 34/62 Jawahar Lal Nehru Ropad, Allahabad. That house was allotted to him and was in his occupation since December 27, 1958. The landlord of the said house obtained a release order against Sri Prasad on March 27, 1974. The latter filed an appeal under Section 22 of the Act in which a compromise was arrived at according to which the landlord agreed to give some time to Sri Prasad to vacate for himself. Accordingly on December 24, 1974 Sri Prasad applied for allotment of House No. 6-C situate in Beli road in the town of Allahabad belonging to Sri Sitaram Jaiswal, opposite party No. 5 as it was likely to fall vacant. In column No. 5 of this application he gave the names of his wife and children who were to live with him. As Sri Prasad was crippled and disable due to Arthiritis he sought the help of his relation. Sri Y.N. Verma, I.A.S. (Retired Member), Board of Revenue, Allahabad, to recommend his case to the District Magistrate to consider his application on priority basis as required by the rules. He also gave another application to the District Magistrate specifying the circumstances in which he desired that the allotment order should be passed immediately. This application was forwarded by Shri Y.N. Verma on December 26, 1974 the District Magistrate, Allahabad, passed the following order on the application of Sri Prasad; "R.C. and E.O. may please allot, if possible, under the rules." On December 23, 1974, Sri Vinod Behari Verma, opposite party No. 4 moved an application for allotment of premises No. 6-D situate in Beli road in the town of Allahabad and also owned by opposite party No. 6. On this application the District Magistrate passed the following order on the same day : "May be allotted a suitable house if permissible under the rules."
(3.) On December 24, 1974 the opposite party No. 4 wrote a personal letter (Annexure 1) to the District Magistrate stating that in the allotment application dated December 23, 1974 he had by mistake mentioned number of the house to be allotted as 6-D instead of 6-D instead of 6-C. He, therefore, prayed that 6-D instead of 6-C. He also gave out that he was enclosing consent of the landlord for allotment of House No. 6-C to him. Annexure II to the petition is a copy of the letter by the landlord to the District Magistrate stating that as House No. 6-C will be vacated by Sri T.S. Srivastava on December 31, 1974 and Sri Vinod Behari Verma is willing to take it on a rent of Rs. 450/- per month it may be allotted to him.;