Supreme Court · 1972 INSC 44 · Decided 4 February 1972
Daud Ahmed v. District Magistrate, Allahabad & ORS.
- Court
- Supreme Court of India
- Citation
- 1972 INSC 44 · [1972] 3 S.C.R. 405
- Case number
- WRIT PETITION (CIVIL) No. 244/1971
- Decided
- 4 February 1972
- Bench
- S.M. SIKRI, A.N. GROVER, A.N. RAY, D.G. PALEKAR, M. HAMEEDULLAH BEG (5-judge bench)
- Outcome
- Case Allowed
- Case type
- Writ / Constitutional
- Acts & sections cited
- Constitution Article 32
Headnote
U.P. (TempOl1'ary) Control of Rent and Eviction Act, 1947, ss. 3, second proviso and 1-Scope of. Natural Justice-"-Duty of inquire whether alternative accommodation exists before requisitioning premises, 1be petitionei' owned premises which were in the oqcupe.tion of a tenant. The tenant posse8Sion to the petitioner who moved into actu"1 occupation and informed the. au!lioritiea: Thereafter, the District Magistrate pasied an order of requisition of theae premises, without any enquiry as to whether the petitioner had any othot' alternative accommodation, and the
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