EIMAL KISHORE PALIWAL Vs. STATE OF U P

JUDGEMENT

(1.) THIS petition arises out of proceedings under the U.P. (Temporary) Control of Rent and Eviction -Act, 1947 (herein after referred to as the Act.)

(2.) THE petitioner, Bimal Kishore Paliwal is the owner of house No. 117, M.G. Sarwat Gate, Ansari Road. Muzaffarnagar. The house is occupied by two tenants-Shanti Swarup, Advocate and the 4th respondent, Virendra Verma. The petitioner moved an application on April 16, 1963 before the Rent Control and Eviction Officer, res pondent No. 3 for permission to file a suit for ejectment of his ten ants. This application was rejected on September 18, 1963. The pe titioner then filed a revision petition before the Commissioner, Meerut Division, Meerut. The revision petition was allowed and the permission was granted to him. The State Government also refused to interfere with the order of the Commissioner under Section 7-F of the Act. Thereafter Virendra Verma filed a writ petition in this Court. The writ petition was allowed, the order of the State Gov ernment was quashed as it did not contain the reasons and the mat ter was remanded to the Commissioner for rehearing. This time the Commissioner rejected the application of the petitioner. Thereafter he approached the State Government under Section 7-F and the State Government has also refused to interfere. The petitioner has now approached this Court under Article 226 of the Constiution.

(3.) THE order passed by the State Government also does not suffer from any infirmity. This is an order of affirmance and, as such, it was not necessary for the State Government to reproduce the reasons recorded by the Commissioner.