ALOK SHAH Vs. DISTRICT JUDGE, NAINITAL

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the impugned order dated 16 -7 -2002 passed by the Rent Control and Eviction Officer Nainital (for short R. C. & E. O.) (Annexure No. 9) as well as the order dated 10 -10 -2002 passed by the District Judge, Nainital (Annexure No. 12), whereby the release application of the landlord -Petitioner has been rejected by the Prescribed Authority and the revision preferred against the rejection order has been dismissed by the revisional court.

(2.) THE sole ground raised by the Petitioner in this case is that the prospective allottee has no locus to contest the release application, which is a subject matter between the District Magistrate and the landlord alone.

(3.) THE Apex Court in the case of Vijay Kumar Sonkar (supra) while approving the verdict of Allahabad High Court in the case of Talib Hasan (supra) has held that the prospective allottee (tenant) has no right to contest, i.e. to be heard, the release application under Section 16(1 )(b) of the UP. Act No. 13 of 1972 because that is a matter between the landlord and the District Magistrate and prospective allottee (tenant) does not figure in that proceeding.