D.S. Sinha, J.

Heard Sri Upendra Singh, holding brief of Sri Ravi Kant, learned Counsel appearing for the Petitioners and Sri R. C. Yadav, learned standing counsel representing the Respondents.

2. Exercising powers conferred upon him u/s 3 of the Uttar Pradesh Storage Requisition Act, 1955 (U.P. Act No. XXI of 1955) (hereinafter called the 'Act'), the District Magistrate, Saharanpur, the Respondent No. 1, passed an order dated 26th October, 1979, a copy whereof is Annexure 4' to the petition, whereby he requisitioned the godown belonging to the Petitioners for the professed object of storing foodgrains and other foodstuffs by the Regional Food Controller. Meerut and Senior Marketing Inspector, (Deoband), Saharanpur, the Respondent Nos. 2 and 3 respectively, who were already occupying the building as tenant. This order is under challenge in this petition under Article 226 of the Constitution of India.

3. Undisputed facts, as they emerge from the pleadings of the parties before this Court, are these:

The disputed godown was let out to the Respondent Nos. 2 and 3 under a written agreement, a copy whereof is Annexure C.A.-I to the counter-affidavit, sworn by Sri R. S. S. Yadav an