GURNAM SINGH Vs. RENT CONTROL AND EVICTION OFFICER

JUDGEMENT

(1.) BY the present writ petition the Petitioner has challenged the order or direction in the nature of certiorari quashing the order dated 23.11.2000 passed by the Respondent No. 1 in Case No. 19/2000 Under Section 12 of Act XIII of 1972, the order dated 27.6.2001 passed by the Respondent No. 1 releasing the premises known as Harmony Cottage upper Landhour Mussoorie in favour of the owner and landlord as well as the order dated 6.7.2001 passed by the District Judge in RCR No. 146/2001 dismissing the revision filed by the Petitioner.

(2.) BRIEF facts leading to the present writ petition are that the original owner and landlord of the property according to the Petitioner was Smt. Kamla Parashar w/o Shri Y.N. Parashar E 367 Greater Kailash I New Delhi who executed a sale deed in favour of the Respondent No. 2 namely Chandan Singh Rawat on 11.10.2000. The property in dispute consists of Room, Kitchen, Latrine and covered corridors which was allotted to him by the Rent Control and Eviction Officer on 20.2.85 and by virtue of allotment order he is residing in the premises in dispute. It was alleged by the Petitioner that he is paying rent to the landlord regularly and is in possession of the property in dispute since the inception of tenancy in his favour.

(3.) RESPONDENT No. 2 also moved a release application on 25.11.2000. The Petitioner has preferred objections to the release application on 27.6.2001, stating therein that there is vacancy and therefore, the release application is not maintainable. The release application however, was allowed. The Petitioner has preferred a revision against the order of vacancy as well as release, which was numbered as R.C.R. No. 146/2001. The said revision was dismissed on 6.7.2001. The present writ petition has been preferred against the order passed by the District Judge, Dehradun.