SUBHASH CHANDRA GUPTA Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) THE dispute in this writ petition relates to a house situated at P. L. Sharma Road, Begum Bagh, in the city of Meerut. THE said house originally belonged to one Ganga Prasad Bhatnagar who died on June 19,1960. THE house was requisitioned under Section 3 of the U. P. (Temporary) Accommodation Requisition Act, 1947, hereinafter referred to as 'the Act', for the residence of one Sita Ram Pandey, Deputy Collector, as far back as the year 1951.

(2.) SUBSEQUENTLY, some of the heirs of Ganga Prasad Bhatnagar transferred the house to one Nand Kishore. The petitioner, who is a practising Advocate at Meerut, alleges that by means of transfer, he has become the owner of the entire house. On behalf of the respondents, namely, the State of U. P. and the District Magistrate, Meerut, it is averred in the counter-affidavit that the petitioner has only acquired 7/8th share in the said house. It is, however, unnecessary to go into this controversy for the purpose of this writ petition.

(3.) IT may be stated that the petitioner had become a co-sharer in the house in dispute as early as 1974. Since then he had started making applications to the District Magistrate that the accommodation in dispute may be released from requisition and that he may be permitted to occupy the same. As the retirement of Sri D. C. Jain drew nearer, the petitioner made frantic efforts and made repeated applications to the District Magistrate for the said purpose. The petitioner was informed by the District Supply Officer by his order dated 15th of May, 1979 that after considering the entire circumstances, the District Magistrate has reached the conclusion that it was not possible to accede to his request.