S A K ROY Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) We have heard learned counsel for the parties. The writ petition has been filed praying for a writ of certiorari to quash the auction notice dated 7.3.2000, Annexure-6 to the writ petition and the auction held in pursuance thereof on 15.3.2000 and all other proceedings in pursuance thereto.

(2.) It is alleged in paragraph 2 of the writ petition that the father of the petitioner was owner of House Nos. 8 and 8A, Muir Road, Allahabad, 12 Kutchery Road, Allahabad and House No. 1 Sir Suleman Road, Allahabad. He submitted a return under Section 6 of the U. P. Urban Land (Ceiling and Regulation), Act 1976. The competent authority declared 15560.13 sq. metre total land as surplus land out of the aforesaid premises. Out of House Nos. 8 and 8A, Muir Road, Allahabad 11997.68 sq. metre land was declared surplus. Out of House No. 12 Kutchery Road, Allahabad an area of 397.92 sq. metre land was declared surplus and out of land of House No. 1 Sir Suleman Road, Allahabad an area of 3164.53 sq. metre land was declared as surplus. Out of 11997.68 sq. metre land the father of the petitioner sold 11488 sq. metre land to the Prayag Upniveshan Avas Evam Nirman Sahkari Samiti Ltd., Dariyabad, Allahabad and the State Government by its order dated 19.2.1983 granted exemption under Section 20 (2) of the Act. True copy of the exemption order is Annexure-1 to the writ petition

(3.) It is alleged in paragraph 6 of the writ petition that after the death of the petitioner's father on 1.6.1998, the petitioner and his brother are exclusive owners of the aforesaid House Nos. 8 and 8A Muir Road, Allahabad. In paragraph 7 of the writ petition it is alleged that the respondent did not take any proceeding under Section 10 (5) of the Act and did not call the petitioner to vacate the aforementioned surplus land. As regards the portion of the House Nos, 8 and 8A, Muir Road, Allahabad after the sale of its portion to the aforesaid housing society, it is in possession of S. P., Gangapar. Allahabad and it was allotted in his favour on 17.5.1999 by the Rent Control and Eviction Officer. True copy of the allotment order is Annexure-2 to the writ petition.