PATHAK, J. :- The question before this Bench for its opinion is :

"When the State Government deals with a proceeding under S. 3 of the U.P. (Temporary) Control of Rent and Eviction Act under S. 7-F of the same Act, does the State Government act administratively or in a judicial or quasi-judicial capacity ?"

2. The petitioner is in occupation of a portion of a house, No. 7/152, Swarup Nagar, Kanpur as the tenant of the fourth respondent, Mrs. Kalindvi Mitter, who is the owner of that house. Mrs. Mitter applied under S. 3(1) of the U.P. (Temporary) Control of Rent and Eviction Act to the Rent Control and Eviction Officer, Kanpur, for permission to sue the petitioner for her eviction. The Rent Control and Eviction Officer granted permission. The petitioner applied in revision to the Commissioner, Allahabad but the latter upheld the grant of permission. Then the petitioner applied to the State Government. On June 27, 1961, the State Government,, acting under S. 7-F, considered the application and revoked the permission granted to Mrs. Mitter. It appears that subsequently, upon a review application by Mrs. Mitter, the matter was considered by the State Government, and by its orde