SAMPAT ROY Vs. DISTRICT MAGISTRATE ALLD

JUDGEMENT

(1.) M. C. Agarwal, J. In this petition under Article 226 of the Constitu tion of India, the petitioners pray for a writ of certiorari to quash an order of dispossession in Form 'd' under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to as 'the Rules') and also a writ of prohibition prohibiting the respondent Nos. 3 and 4 from taking any steps to dispossess the petitioners from the accommodation in dispute, i. e. building No. 24/34 Mahatama Gandhi Marg, Civil Lines, Allahabad.

(2.) THE petitioners are the tenant occupants of the said building and respondent No. 4 is the owner landlord. Respondent Nos. 1, 2 and 3 are the public functionaries, i e. , State Government officers acting under the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (herein after referred to as 'the Act' ).

(3.) THE Rent Control and Eviction Officer by an order dated 18th November, 1981, declared the said premises to have fallen vacant within the meaning of Section 12 of the Act, as the said Ganpat Roy (sic) allowed the building to be occupied by the said Swarup Kailash, who was not a member of his family.