GANESH PRASAD Vs. DISTRICT MAGISTRATE BASTI

JUDGEMENT

(1.) THE petitioner's father Late Audh Bihari was the owner of house bearing Municipal Number 72 Ward no. 1 Raja Bazar, Puranl Basti, Distt. Basti After the death of Sri Audh Bihari in 1950, his two sons the present petitioners inherited the property aforesaid and are the owners and landlords In the building In question, there &re two verandas measuring 36' x 10' and 46' x 13' towards west facing the main road. THEre are two rooms on the two corners of the front verandah On the rear of the two verandahs, there is a h*ll measuring 50' x 48' Towards the north of the two verandahs there are two rooms of 2i' x 15 and 12' x 10* On the first floor, there is a verandah and two rooms

(2.) TWO front verandahs and the hall were Set out by the petitioners for office of the Regional Food Controller, Gorakhpur about 24 years back. The office of the Dy. Regional Marketing Officer and Senior Marketing Inspector, Basti are house in the aforesaid verandah and hall.

(3.) THE petitioners pleaded that the accommodation in question was a residential building which was being used for residential purposes by the petitioners' family members and the same could not be requisitioned under the provisions of the Act. It was also pointed out that since the petitioners' served with notice, for vacating the accommodation occupied by the Regional Food Controller and also Dy. Regional Marketing Officer and Senior Matketing Inspector, Basti, they instead of vacating the premises, got an order passed by the (District Magistrate