JUDGMENT

Hon'ble D.N. Jha, J. - This writ petition originally had been filed by Syed Haider Ali under Article 226 of the Constitution praying for the quashing of the order of allotment dated 2-5-1968, and orders dated 11-11-1968 and 29-11-1961, contained in Annexure 1, 2 and 3 passed by the Rent Control and Eviction Officer, Rae Bareily and the State of Uttar Pradesh. During the pendency of the writ petition the petitioner had died and his legal representatives were brought on the record who thereafter pursued the said writ petition.

2. The relevant facts of the case are that the petitioner Is the owner of ?rd share of shop Mo. 1142 bearing municipal number 145. This share was contested by Sarfraz Husain opposite party No. 3 who is also now dead and is represented by his legal representatives. The matter ultimately was decided in a separate suit and it is now not in dispute that Haider Ali and ?rd share in the shop in question. This shop bad not been leased out and when it was about to be allotted in the year 1966 the petitioner had submitted his objection to the Rent Control and Eviction Officer who after considering the same had rejected the application for allotment on the ground