Judgment

RAY, J.:- This is a writ petition challenging the order dated 11 July, 1971 made by the District Magistrate, Allahabad under section 3 of the U.P. (Temporary) Accommodation Requisition Act, 1947 (hereinafter referred to as the Requisition Act) whereby the petitioner s premises 1-A Beli Road, Allahabad was requisitioned for the residence of Mr. Justice D.S. Mathur for a period of "three years or earlier if the purpose is exhausted".

2. The order further recited "I am further satisfied that the said accommodation is not being occupied by any tenant and the owner who is said to be in possession of the same is living in his own house No.101/108 Katra Bakhtiari, Allahabad and so no alternative accommodation shall have to be provided to him".

3. The petitioner owns premises 1-A Beli Road, Allahabad hereinafter called the Beli Road premises. Prior to the impeached order the Beli Road premises had been in the occupation of Mr. Justice Oak of the Allahabad High Court since the year 1955 and prior thereto from the year 1950 when he was the District Judge, Allahabad.

4. The petitioner was living at 101/108 Katra Bakhtiari, Allahabad. That house is alleged to be situated in a very congest