RAGHUBAR DAYAL, J. :- This is an application under Article 226 of the Constitution praying for the issue of a writ, order or direction in the nature of certiorari calling for the record of the case and after perusal quashing the order of the State Government setting aside the order of the Commissioner and restoring that of the District Magistrate in the following circumstances.

2. The applicant purchased a certain house in 1950 and applied to the District Magistrate, Moradabad for permission to file a suit for ejectment against opposite party No. 2. This application was rejected by the District Magistrate. He filed a revision against the refusal to grant him permission to eject opposite party no. 2 before the Commissioner in view of Section 3, Sub-Section (2) of the U.P. (Temporary) Control of Rent and Eviction Act. The revision was allowed and the applicant was given permission under Section 3 of the Act to file a suit for ejectment of opposite party No. 2 at the end of six months from the date of the order, which was the 19th of February, 1953. Opposite party No. 2 then approached the State Government on the 2nd July, 1953.

The Food Commissioner forwarded the application o