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1962 Supreme(All) 61

D.S.MATHUR
SHAMSHER BAHADUR – Appellant
Versus
THE STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
J.K.SRIVASTAVA, J.Swarup, L.P.NAITHANI, NAFISUL HASAN, S.B.CHOUDHURY, S.C.KHARE, S.N.KACKAR, Sudhir Shanker

D. S. MATHUR, J.


( 1 ) THIS is a petition under Article 226 of the Constitution of India by Shamsher Bahadur for the issue of a writ in the nature of certiorari, or a like writ or direction, to quash all the proceedings leading to and including the order dated 19-2-1959, Annexure f to the affidavit, of the Town rationing Officer / District Supply Officer, Lucknow (to be referred hereinafter as the Rent control and Eviction Officer), respondent No. 4 who was exercising the powers of the District magistrate under the U. P. (Temporary) Control of Rent and Eviction Act (to be referred hereinafter as the Act), and also the order of the State Government dated 8-2-1960, Annexure k to the affidavit, whereby the order dated 19-2-1959 was re-established. The State Government has been impleaded as respondent No. 1 by the name of the State of Uttar Pradesh. A request was also made for the issue of a writ in the nature of mandamus to direct respondent No. 4 not to give effect to the order of the State Government and to continue to treat the petitioner as a tenant of the premises in question in pursuance of his order dated 17-1-1959, Annexure e to the affidavit. After the proceeding under Sectio













































































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