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1968 Supreme(All) 88

JAGDISH SAHAI, R.S.PATHAK, K.B.ASTHANA
Haji Manzoor Ahmed – Appellant
Versus
State of U. P. – Respondent


Advocates:
S.N. Kacker, B.P. Srivastava and Sridhar (in C.M.W. No. 4636); Gopal Behari (in W.P. No. 3389); K.C. Saxena (in W.P. No. 4644) and S.N. Kacker (in W. P. No. 179), for Petitioners; Ambika Prasad, for Opposite Parties.

Judgement

JAGDISH SAHAI, J. :- The question referred to us reads :

"Whether the State Government is in law liable to state the reasons for an order refusing to interfere under Section 7-F of the Rent Control and Eviction Act with an order of the Commissioner passed under Section 3(3) of the Act?"

2. The relevant and necessary facts of the case are :-

The petitioners, Haji Manzoor Ahmad and Dr. Maqbool Ahmad, are the landlords of premises No. CK 66/3 situate in Mohalla Benia Bagh. In the city of Varanasi. The respondents Nos. 4 to 7, that is, Sarvasri Sher Andil Khan, Moghal Khan, Abdullah Khan and Mannan Khan, are the tenants in possession of the premises aforesaid (hereinafter referred to as the premises). The respondents Nos. 1 to 3 are the State of Uttar Pradesh, the Commissioner, Varanasi Division, Varanasi and the Rent Control and Eviction Officer, Varanasi.

3. The petitioners made an application under Section 3 of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter referred to as the Act) for permission to eject the respondents Nos. 4 to 7 from the premises. The respondents Nos. 4 to 7 filed an objection and on 10-7-1964 the Area Rationing Officer, Rent Control, V



























































































































































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