SHAIL BALA Vs. DISTRICT MAGISTRATE

JUDGEMENT

(1.) HEARD Sri Upendra Singh, holding brief of Sri Ravi Kant, learned Counsel appearing for the Petitioners and Sri R. C. Yadav, learned standing counsel representing the Respondents.

(2.) EXERCISING powers conferred upon him under Section 3 of the Uttar Pradesh Storage Requisition Act, 1955 (U.P. Act No. XXI of 1955) (hereinafter called the 'Act'), the District Magistrate, Saharanpur, the Respondent No. 1, passed an order dated 26th October, 1979, a copy whereof is Annexure '4' to the petition, whereby he requisitioned the godown belonging to the Petitioners for the professed object of storing foodgrains and other foodstuffs by the Regional Food Controller. Meerut and Senior Marketing Inspector, (Deoband), Saharanpur, the Respondent Nos. 2 and 3 respectively, who were already occupying the building as tenant. This order is under challenge in this petition under Article 226 of the Constitution of India.

(3.) WHILE turning down the suggestion regarding enhancement of the rent of the godown, the Joint Secretary urged the Chief Accounts Officer, Uttar Pradesh, Lucknow to request the concerned District Magistrate to initiate necessary proceedings under the Act for requisition of the godown which culminated in the impugned requisition order passed by the Respondent No. 1.