High Court of Judicature at Allahabad
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Kanpur Hotel Guest Houses, Sweets & Restaurant Association v. State Of U.P. & Others - WRIT - C No. 16649 of 2007  RD-AH 5592 (29 March 2007)
Hon. Anjani Kumar, J.
Hon. Dilip Gupta, J.
This writ petition has been filed by the Kanpur Hotel Guesthouse, Sweets and Restaurant Association for quashing the order dated 15th March, 2007 that has been passed by the District Magistrate Kanpur Nagar.
A perusal of the said order indicates that in order to maintain peace and law & order in the forthcoming Vidhan Sabha elections, it has become necessary to requisition various guesthouses for accommodating the Poll Officers and additional police force. The owners of the Guesthouse and Hotels have, therefore, been advised not to make any booking for the period commencing from 25th March, 2007 to 8th April, 2007.
Learned counsel for the petitioner fairly admitted that the acquisition could have been made under the provisions of The Representation of the People Act, 1951 but what he contends is that the representation filed by the petitioner before the District Magistrate may be considered looking to the hardship likely to be caused to the Hotel owners.
Having heard learned counsel for the parties we are of the opinion that as the petitioner has not disputed the power of the District Magistrate to issue such an order, no relief can be granted to the petitioner. The petitioner has also failed to establish that the representation filed by them is under some statutory provision. In such circumstances, the writ petition is dismissed.
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