LAWS(UTN)-2004-10-47

VINOD KUMAR Vs. RENT CONTROL AND EVICTION OFFICER

Decided On October 11, 2004
VINOD KUMAR Appellant
V/S
RENT CONTROL AND EVICTION OFFICER Respondents

JUDGEMENT

(1.) HEARD Sri Alok Singh, Senior Advocate, assisted by Lalit Tiwari counsel for the petitioner and Sri V.K. Bisht assisted by Ms. Seema Sirohi, counsel for the respondents.

(2.) BY the present Writ Petition, the petitioner has prayed for a writ of certiorari quashing the order dated 9th January, 2002 by which vacancy has been declared.

(3.) BRIEFLY stated, the present proceedings were started on the application of Sri Brijesh Kumar Pathak, respondent no. 2 for declaring the premises as vacant. On the application of the respondent no. 2, the petitioner has submitted that the vacancy proceedings were initiated behind his back and no opportunity was given to him. The premises in dispute is also not covered under the U.P. Act No. 13 of 1972 and the property is known as "Swami Atm Prakash Yati Charitable Trust, Bhim Goda, Haridwar" and the same is registered under the Societies Registration Act, 1860 being Registration No. 829 -1993 -1994.