DISTRICT MAGISTRATE MEERUT Vs. JAGDISH SARAN R

JUDGEMENT

(1.) THIS is an appeal by the District Magistrate, Meerut, against the judgment of a learned Single Judge quashing an ' order of requisition dated July 13, 1973. By this order a residential house was sought to be requisitioned. The order recited that one Maheh Prakash was living as a tenant in the house and that he had suitable alternative accommodation available to him. It further recited that the landlord-respondent in his appeal, was also in possession of specious accommodation and his need for the requisitioned house did not exist. However, the order did not recite the actual purpose for which the house was being requisitioned. All it stated was that the house was urgently required for public purpose. The order was quashed by the learned Single Judge on the ground that neither the order itself nor the counter-affidavit showed what the actual purpose was.

(2.) HAVING heard learned standing counsel we are in agreement with the learned Single Judge that the order was illegal and if liable to be quashed. The order itself, as already stated, does not recite the actual purpose for which the house was requisitioned. The notice issued to the landlord and to the occupant before requisitioning the house states: