BRIJ KISHORE MEHROTRA Vs. G P SHRIVASTAVA

JUDGEMENT

(1.) This is an application by Brij Kishore and Mool Narain for contempt proceedings against Sri G. P. Srivastava, a first class Magistrate.

(2.) The applicants, who are brothers, reside In Kanpur City in which they own buildings. One of the buildings was allotted by the Rent Control and Eviction Officer, Sri Saiyid Ullah to an institution in which the wife of the District Magistrate, Kanpur, was interested. The allotment was illegal and this Court on 24-ll-1953 quashed it under Article 226 of the Constitution End awarded to the applicants Rs. 200/- as costs against Sri Saiyid Ullah. It is alleged by the applicants that on account of these proceedings they incurred the displeasure of the executive: authorities in Kanpur district who maliciously started criminal proceedings under Section 8, U. P. (Temporary) Rent Control and Eviction Act, against them on 18-5-1954 in the Court of Sri Saiyid Ullah himself. The accusation made against them in these proceedings was that they failed to intimate that another building of theirs had fallen vacant. It appears that by then another Magistrate had been appointed as the Rent Control and Eviction Officer and it was he who initiated the proceedings against the applicants.

(3.) On 25-5-1954, Sri Saiyid Ullah ordered the applicants to be summoned for 31-5-1954. On 31-5-1954 both the applicants appeared in his Court. Sri Saiyid Ullah wrote to the Additional District Magistrate, City, that since he had been -Involved in the writ matter in the High Court against the applicants, he did not consider it fair to try the case against them and requested him to transfer it to some other Court. The same day the Additional District Magistrate transferred the case to the Court of the opposite party. Sri Saiyid Ullah on the same day ordered that the record be sent at once to the Court of the opposite party and that the applicants should file personal bonds for Rs. 2007-each to present themselves in the opposite party's, Court the same day.' In compliance with the order the applicants filed personal bonds for Rs. 200/- each and also presented themselves at once in the Court of the opposite party before noon.