MURARI LAL SOLAN Vs. STATE

JUDGEMENT

(1.) ON a difference of opinion between Mr. Justice Wali Ullah and Mr. Justice Agarwala a question of law was referred to a third Judge. The learned Judge to whom the question was referred in view of the decision of a Full Bench of this Court in the case of -- 'ram Kishan v. State', AIR 1951 All 181 (A), thought it necessary that the question should be decided by a Full bench of five Judges, as in his opinion the decision in -- 'state v. Ram Kishan', (A), needed reconsideration.

(2.) THE question referred for consideration is as follows:

(3.) THE U. P. (Temporary) Accommodation Requisition Act, 25 of 1947 (hereinafter called the act) was passed, as its preamble shows, because of shortage of accommodation, which had become very acute due to the large influx of refugees as a result of the partition of the country. The District Magistrate was empowered to requisition accommodation for the settlement of the refugees. How long it would take for the situation to come back to normal was not known. It was, however, anticipated that things might settle down in a year's time but the possibility of the provisions of the Act being needed even after the expiry of one year was also foreseen. The legislature, therefore, provided in Sub-section (5) of Section 1 that: