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1952 Supreme(All) 41

BIND BASNI PRASAD, GURTU
PRABHABATI DEVI – Appellant
Versus
DISTRICT MAGISTRATE – Respondent


Advocates Appeared:
G.P.BHARGAWA, GOPALJI MEHROTRA

BIND BASNI PRASAD, J.

( 1 ) THIS is an application under Article 226 of the Constitution by Srimati Rani Prabhabati Devi arising out of an order, dated 29-11-1951, passed by the District Magistrate of Allahabad by which he requisitioned the newly constructed house situated behind bungalow No. 16. Thornhill road and facing Clive Road, for the residence of Sri. L. D. Joshi, Member of the Allahabad university Enquiry Committee and Sri Raghunandan Joshi, Assistant Accountant General, Uttar pradesh, purporting to act under Section 3, U. P. (Temporary) Accommodation Requisition Act, 1947. Briefly the facts are as follows:-

( 2 ) THE applicant is a permanent resident of the province of Bihar. She is the widow of the late raja of Banaili. She is aged about 65 years. About 10 years ago she became a widow. She bought house No. 21, Tagore Town, in Allahabad in April, 1943 so that she may pass her old age in this holy city. She states that from that time onwards she has been living in Allahabad. That house, however, got cracked and her Raj Engineer reported that it was risky to live in it. So on 9-2-1951, she sold it. On 16-2-1951, she purchased house No. 16, Thornhill Road, with a view to cont




















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