KANDHAIYA LAL Vs. THE RENT CONTROL AND EVICTION OFFICER/UPPER NAGAR MAGISTRATE IIIRD, KANPUR NAGAR AND OTHERS

JUDGEMENT

(1.) By means of this petition filed under Art. 226 of the Constitution of India, petitioner prays for issuance of writ, order or direction in the nature of certiorari quashing the orders dated 12.9.2000 and 16.9.2000 passed by the Rent Control and Eviction Officer, Kanpur Nagar whereby the shop in dispute was declared vacant.

(2.) It appears that allotment/release proceedings were initiated under the U.P. Urban, Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) for short the Act, on the application of one Surendra Chand Pal. The Rent Control Inspector was asked to make local inspection and submit his report, which was submitted on 25.1.2000. The petitioner filed an objection against the report submitted by the Rent Control Inspector and claimed that there was no vacancy in the shop in dispute as he was in occupation of the same with the Determission of the landlord.

(3.) The Rent Control and Eviction Officer after perusing the material on the record held that :