PRADEEP CHAND JAIN Vs. DISTRICT MAGISTRATE AND ORS.

JUDGEMENT

(1.) BY this writ petition an order dated 9th January, 1985 passed by the District Magistrate, Banda Respondent No. 1 requisitioning a go -down belonging to the Petitioner under the provisions of the Uttar Pradesh Accommodation Requisition Act, 1947 (hereinafter referred to as the Act) is sought to be quashed. All the Respondents are represented and have filed counter affidavits. The Petitioner has filed two rejoinder affidavits. Keeping in view the nature of the controversy involved in the writ petition we are of opinion that it is a fit case which may be finally decided at this very stage as contemplated by the 2nd proviso to Rule 2 of Chapter XXII of the Rules of Court. We have accordingly heard counsel for the parties on the merits of the writ petition.

(2.) THE impugned order has been challenged by the Petitioner mainly on two grounds:

(3.) SINCE the specific assertion in the writ petition that no notice as contemplated by Clause (a) of Sub -section (1) of Section 3 of the Act was given before passing the impugned order has not been disputed in the counter affidavit, we have no reason not to accept the said assertion. The impugned order of requisition, therefore, cannot be sustained and deserves to be quashed.