MADAN GOPAL AGARWAL Vs. DISTRICT MAGISTRATE ALLAHABAD

JUDGEMENT

(1.) The appellant is the owner of 32, Balrampur House, Mumfordganj, Allahabad. After residing therein for some time, he started living in 33 Pan Dariba, Allahabad with his mother. His own house he let out on September 9, 1964 to the State Government for a period of 5 years on a monthly rent of Rs. 300/-. The State Government obtained the lease for the purposes of residence or office of the Directorate of Geology and Mining, U. P. The lease was signed by Shri P. N. Singh, Geologist, on behalf of the State Government. In 1967 the appellant had shifted from the house No. 33, Pan Dariba to house No. 398/5, Meerapur, Allahabad. In Meerapur he was living as a tenant.

(2.) The period of lease with respect to his own house expired on September 9, 1969. The District Magistrate, Allahabad passed as order under S. 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947 (hereinafter referred to as the Act). The order was made on October 4, 1969. By the order the District Magistrate requisitioned the house to provide accommodation to Shri P. N. Singh. Geologist, Directorate of Geology and Mining , U. P. The appellant was directed to hand over possession of the house within 24 hours after the expiry of 15 days from the date of the service of the order on him.

(3.) The appellant filed a writ petition in the Allahabad High Court challenging the validity of the order. One of the grounds of challenge was that the order was made without issuing any notice to him and without giving him a hearing. The petition was dismissed summarily by a Division Bench of the High Court. The argument of want of notice and hearing was not accepted by the High Court. Feeling aggrieved with the decision of the High Court the appellant has filed this appeal by special leave.