JAGDISH PRASAD Vs. DISTRICT MAGISTRATE MUZAFFARNAGAR

JUDGEMENT

(1.) THE petitioner has assailed the validity of the orders passed by the District Magistrate, Muzaffarnagar, in the purported exercise of powers under Section 3 (2) of the U. P. Accommodation Requisition Act, 1947 in respect of premises no. 196, Bagh Kesho Das, Muzaffarnagar.

(2.) THE essential facts are that the petitioner Kunwar Jagdish Prasad (who died during the pendency of the petition and is now represented by his heirs and legal representatives) was the owner of the disputed premises. It is asserted in paragraph 5 of the petition that he suffered losses in various businesses he was carrying on at the relevant time. Consequently he was in the look out of a suitable tenant for the aforesaid premises obviously for augmenting his income. Just at that time he came across an advertisement in a local newspaper, dated April 1, 1977 issued by the Sales Tax Officer, Muzaffarnagar, inviting offers from landlords wilting to rent out accommodation consisting of 12 or more rooms for bousing the Sales Tax Office. In the advertisement, it was stated that the Department was prepared to pay rent at 50 P. per sq. ft. In response to this advertisement the petitioner seat an application to the Sales Tax Officer expressing his willingness to let out the premises mentioned above. In his letter addressed to the Sales Tax Officer he set out his terms. THE petitioner also met the Sales Tax Officer on April 2, 1977 and it is asserted that the latter was prepared to pay rent at the rate of 75 P. per sq. ft Of carpet area provided the petitioner bore ail the taxes. On the advice of the Sales Tax Officer the petitioner sent another application on April 5, 1977 stating that be would let out the premises on a rental of 75 P per sq ft.

(3.) HAVING heard learned counsel for the parties and given the matter our careful consideration, we find no merit in either of these two contentions.