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1975 Supreme(All) 481

HARI SWARUP
Santosh Kumar Tikmani – Appellant
Versus
Jafar Ali, District Magistrate – Respondent


JUDGMENT :

Hari Swarup, J.

This petition has been filed for quashing an order of allotment passed u/s 7(2) of the U.P. (Temporary) Control of Rent and Eviction Act (hereinafter called the Act). On 29-9-70 in favour of the Excise Inspector and an order of the District Magistrate dated 22-10-74 by which he requested the Superintendent of Police Mainpuri to provide police assistance for restoring and maintaining the status quo ante as it existed before 10-9-74 and to restrain the present Petitioner from interfering with the possession of the excise licensee running the liquor shop. The order also directed that the F.I.R. against the Petitioner and others lodged on 10-9-74 at police station Shikohabad should be proceeded with and the investigation completed without delay. A Writ in the nature of Mandamus is also claimed to restrain the Respondent from interfering with the rights of the Petitioner and for restoration to him of the possession over the shop in dispute in the form as it stood in 1974.

2. The facts giving rise to the present petition are as under:

There is a shop in which the business of vending liquor was carried on by the licencee under the Excise Act. The people of the local






























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