RAM GOPAL Vs. STATE OF UTTAR PRADESH

JUDGEMENT

(1.) This is an application under Article 226 of the Constitution by one Ram Gopal Vaish of District Hamirpur. He is the owner of a small three storeyed house, the second storey of which consists of two rooms, one kitchen, one verandah, a latrine and a bath room. Brij Kishore Sub-Registrar was in occupation of the whole of this second storey except one room which was in the occupation of Ram Gopal. On 28-4-1952, Brij Kishore Sub-Registrar was transferred to Karwi and Abdul Rashid Sub-Registrar was posted in his place. The accommodation in the occupation of Brij Kishore was allotted to Abdul Rashid on 29-4-1952, without consulting the applicant, who was the owner of the premises.

(2.) Learned counsel for the applicant has relied on Rule 7 framed under Section 17, U.P. Temporary Control of Rent and Eviction Act, 1947 (Act 3 of 1947)., The rule is as follows:

(3.) We, therefore, cancel the allotment order dated 29-4-1952 and direct the Magistrate to make the allotment after complying with Rule 7 mentioned above.