- (1.) Abhai Mangal Prasad has filed this petition against the orders of the District Supply Officer Gorakhpur exercising the powers of the District Magistrate Under Section of the UP (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act).
(2.) There was a shop in Gorakhpur and the Petitioner filed an application for allotment of the shop to him Under Section 7 of the Act. Ramanand Prasad, opposite party No. 2 was also one of the Applicants. The shop was ultimately allotted to Ramanand Prasad and the Petitioner's application was not considered on merits.
(3.) The shop was in the occupation of one Shambhu Prasad. The Petitioner alleged to have purchased a share in the shop from the owners of the building and the assets of the business of Shambhu Prasad. On 26-9-1964 it is alleged that Shambhu Prasad intimated to the District Supply Officer that he had vacated the shop. In the counter-affidavit it has been stated that the intimation was only of the intention to vacate the shop and not of actual Vacancy. The Petitioner filed an application on 29-9-1964, for its allotment. The application (of) Ramanand also came to the District Supply Officer for the allotment of the same shop. Some of the co-owners of the building with whom the Petitioner had entered into a contract for the purchase thereof also applied for allotting the shop to the Petitioner. The District Supply Officer considered the Petitioner's application on 6-4-1965 and held that as the Petitioner had entered into the occupation of the shop without a prior allotment order, his application was not entitled to be considered. By the same order he directed that the vacancy may be notified and the applications be considered afresh. On 21-5-1965 the Rent Control and Eviction Officer, opposite party No. 1, again held that the Petitioner's application for allotment could not be considered as he had not come with clean hands after vacating the premises. He allotted the accommodation to Ramanand Prasad, opposite party No. 2 by the same order.;