OM PRAKASH Vs. GARHWALI SABHA DHARAMSHALA

JUDGEMENT

(1.) <DJG>B.S.Verma, J.</DJG> By means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 12-10-2009 (contained as Annexure-7 to the petition) and impugned possession letter/order dated 11-6-2010 (contained as Annexure-8 to the petition).

(2.) Briefly stated, the facts giving rise to the present writ petition are that one Suresh Chandra informed the Rent Control and Eviction Officer/City Magistrate, Haridwar (for short the R.C.& E.O.) that the shop in dispute was let out to Bhagat Ram, who has shifted from the disputed shop and the shop is in illegal possession of his brother Om Prakash, therefore, vacancy be declared under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act 1972 ( for short the Act). Ultimately, vacancy was declared by the R.C. & E.O. vide order dated 13-7- 1981.

(3.) The order declaring vacancy was challenged by Bhagat Ram by filing Rent Control Revision No. 152 of 1981, Bhagat Ram Vs. Garhwali Sabha, which was dismissed by the II Additional District Judge Saharanpur by his order dated 22-10- 1981 as not maintainable.