RAMJI VALJI Vs. J N SINGH

JUDGEMENT

(1.) IN M. J. C. 126 of 1955 the case of the petitioner is that holding No. 877, Z, Ward No. 2B, commonly known as Parmar Bhaban or Parmar House, was requisitioned by the Military authorities under Rule 75A of the Defence of INdia Rules through the Deputy Commissioner of Ranchi. The date of requisition is the 6th January, 1943. More than twelve years later, that is, on the 27th January, 1955, the Deputy Commissioner of Ranchi informed the petitioner that the house would be derequisitioned and released from the 31st January, 1955. The petitioner gave a certificate that he received back possession of the house from the Military authorities and that he had no claims against the Government of INdia except in So far as any arrears of rent had accrued. The order of requisition is Annexure 'A' of the application and the order of de-requisition is Annexure 'C'. The certificate of discharge given by the petitioner is Annexure 'C/l'. It is alleged on behalf of the petitioner that on the 14th February, l955, the House Controller of Ranchi made an order allotting the house to Mr. K.B. Srivastava, a Magistrate employed by the Government at Ranchi. This order is challenged by the petitioner on the ground that the House Controller had no authority to make allotment under the proviso to Section 11 (1) of the Bihar Buildings (Lease. Rent and Eviction) Control Act, 1947. (Eihar Act III of 1947), or under any other statutory provision.

(2.) THE submission made by Mr. B.C. Ghosh on behalf of the petitioner is that the proviso to Section 11 (1) of Bihar Act III of 1947 has no application and the House Controller had no authority to make the order of allotment on the 14th February, 1955, THE argument of the learned Counsel is based on the proviso to Section 11 (1) of the Act which is in the following terms :

(3.) WE, therefore, allow the application in M. J. C. No. 126 of 1955 and direct that a writ in the nature of certiorari be issued quashing the order of the House Controller dated 14th February, 1955.