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1965 Supreme(All) 82

M. C. DESAI, R. A. MISRA, L. PRASAD
Gyan Chand Bhatia – Appellant
Versus
Rent Control and Eviction Officer, Lucknow – Respondent


Advocates:
K.B. Sinha and Rajendra Prasad Gupta, for Petitioner; Standing Counsel, for Opposite Party No. 1; Jagish Gopal Mathur and Sant Kumar Jain, for Opposite Party No. 2.

Judgement

DESAI, C. J. : The petitioner filed a petition for certiorari for the quashing of an order passed by a Rent Control and Eviction Officer (Opposite Party No. 1) directing the order of an accommodation to let it to opposite party No. 2 who will be referred in as "the opposite party", a notice issued by the Rent Control and Eviction Officer under S. 7-A(1) of the (Temporary) Control of Rent and Eviction Act calling upon the petitioner to vacate the accommodation within a certain time and an order passed by him under S. 7-A(2) rejecting his reply to the notice and calling upon him to vacate within three days and threatening to use force to evict him in default.

2. The petition came up for hearing before our brother Jagdish Sahai who referred the following question to a Division Bench because the decision of V.D. Bhargava, J. in Syed Kasim Husain v. Rent Control mid Eviction Officer, Allahabad, 1960 All LJ 546, required reconsideration -

''Whether the remedy of a revision application before the Commissioner and another before the State Government is not an adequate alternative remedy which should be exhausted before a writ petition is entertained in this Court ?"

The petition was













































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