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1973 Supreme(All) 237

SATISHCHANDRA, M.N.SHUKLA, K.B.SRIVASTAVA
Syed Ajaz All Khan – Appellant
Versus
Mohammad Refiq – Respondent


Advocates:
K.C. Saksena and N. Ally Khan, for Appellants; S.N. Verma, S.J. Hyder and Standing Counsel, for Respondents.

Judgement

K.B. SRIVASTAVA, J. :- This reference to a Full Bench arises out of a special appeal filed against an order of a learned Single Jute who, placing reliance upon a decision of a Division Bench of this Court in Krishna Chandra Sharma v. State of U.P., 1962 All LJ 426, allowed the writ, petition in part. The Division Bench, which heard the special appeal, felt that the decision in Krishna Chandra Sharma's case required reconsideration and It has, therefore, referred the following question for the consideration of this Full Bench :-

"Whether an order Passed by the State Government cancelling an order of allotment and directing the release of the accommodation in favour of the landlord passed in revision filed under Section 7-F. of the Rent Control and Eviction Act is an order Passed under Sub-Section (2) of Section 7 of the Rent Control and Eviction Act within the meaning of Sec. 7-A (1) of that Act"

2. In Krishna Chandra Sharma's case, 1962 All LJ 426 the original order of allotment was made in favour of one person and when that order was cancelled subsequently by the District Magistrate, the accommodation was split up into two separate portions and while one portion was re-allo










































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