K.C.Agrawal, J. - (1.) House No. 1206 Sethwara, Tilakdwar, Mathura, belonged to one I. P. Singh. On 31-1-1978, the petitioner purchased the said House. On 30-5-1978, Hukum Chand Tewari, who is a Member of the legislative Assembly Uttar Pradesh, wrote a letter to the District Magistrate, Mathura, for the allotment of house No. 1205. Sethwara. in his name, on the ground that although-he owned a house at Mathura and was residing therein, but since he was required to accommodate a number off persons of his constituency, he required the disputed house for his own need. On 3-6-1978 the District Magistrate made the following endorsement on the-said letter:- "speak at once." This was addressed to the District Supply Officer. On 3-6-1978 itself the District Supply Officer directed tire Rent. Control Inspector to make an enquiry. On 9-6-1978. the Rent Control Inspector submitted a report stating that one-Kesho Deo Garg was living in that house. He also mentioned that the real number of the house of I. P. Singh, which had been purchased by the petitioner, was 1206 and not 1205. As the Rent Control and Eviction Officer was not satisfied with the report, he directed R. P, Maurya, who was working in-the Rent Control Office, to make a complete enquiry and submit a fresh report. The rent control and eviction officer also wrote to Kesho Deo Garg and' Mukesh Sharma requiring them to explain their position with respect to the-aforesaid house. Kesho Deo Garg sent 3-reply stating that he had purchased' house No. 1205/2, and that he was residing therein. He disowned any connection with house No. 1206. Similar was the reply sent by Mukesh Sharma-excepting that he claimed that he was in possession of house No. 1205/1 in his own right as an owner.
(2.) On 22-6-1978 a fresh report was-submitted to the Rent Control and Eviction Officer stating that the house had been found locked by R. P. Maurya. He however, also mentioned that he had been informed that Suresh Chandra, the petitioner, who was the owner of the-house, lived at Bombay. On the said report dated 22-6-1978 a notice was directed to be issued to Suresh Chandra the petitioner, at his Bombay address. But, without waiting for the service of the said notice on Suresh Chandra or any office report made with respect thereto, the Rent Control and Eviction Officer allotted the premises on 30-6-1978 to Hukum Chand Tewari M.L.A. Respondent 3. On 30-6-1978 itself the petitioner filed an objection stating that as the house was not vacant the allotment order made was invalid. On the said application the Rent Control and Eviction Officer remarked: "The landlord Sri Suresh -Chandra has now appeared with his counsel who has filed objection and affidavit. The copy of such objection be sent to the allottee for reply by the next date. Fix 7-7-78."
(3.) The petitioner also preferred a revision under Section 18 of U. P. Act XIII of 1972 against the allotment order before the District Judge. The revision was transferred to the Additional District Judge. In order to know the correct state of affairs with regard to the actual possession, the Additional District Judge appointed a Vakil Commissioner for making a spot enquiry. The Vakil Commissioner visited the house and thereafter submitted a report dated 26-6-1978. The revision was thereafter heard by the Additional District Judge and was dismissed on 23-11-1978. Against the said order, tire petitioner filed this writ petition in this court on 27-11-1978 and also obtained an order staying his dispossession from the premises.;