DAUD AHMED versus DISTRICT MAGISTRATE, ALLAHABAD & ORS.
Requisition of premises occupied by the petitioner required prior enquiry as to existence of suitable alternative accommodation under the second proviso to section 3. Failure to conduct such enquiry and provide opportunity to be heard violated principles of natural justice, rendering the order illegal.
- Parties
- Petitioner: Daud Ahmed; Respondents: District Magistrate, Allahabad & Ors.
- Jurisdiction
- India
- Judgment Date
- 04 February 1972
- Procedural Posture
- Writ Petition / Original Jurisdiction
- Outcome
- Petition allowed
- Legal Topics
- Requisition of Property, Principles of Natural Justice, Alternative Accommodation Requirements
Case Brief
Summary, issues, holding and outcome
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Parties
Daud Ahmed
Petitioner
District Magistrate, Allahabad & Ors.
Respondents
Procedural Posture
Writ Petition / Original Jurisdiction
Legal Issues
- 1 Whether the District Magistrate can requisition premises without enquiry as to existence of alternative accommodation for the occupant
- 2 Applicability of the second proviso to section 3 of the U.P. (Temporary) Accommodation Requisition Act, 1947
- 3 Requirement of notice and enquiry under principles of natural justice
Ratio Decidendi
Requisition of premises occupied by the petitioner required prior enquiry as to existence of suitable alternative accommodation under the second proviso to section 3. Failure to conduct such enquiry and provide opportunity to be heard violated principles of natural justice, rendering the order illegal.
Court Disposition
Petition allowed
Orders
- Order quashing the requisition of Beli Road premises
- Petitioner entitled to costs
Full Case Text
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