KAMLESH RANI Vs. ACM AND OTHERS

JUDGEMENT

(1.) Heard learned Counsel for the petitioner and Sri P.K. Srivastava, learned Counsel appearing for the contesting respondent No. 2.

(2.) By means of this petition filed under ] 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 17.7.2000 whereby building No. 119/186 (old) and 119/416 (new), Om Nagar, Kanpur has been declared vacant.

(3.) The relevant facts giving rise to this petition, in brief, are that on the intimation of vacancy given by the respondent No. 2 Sri Santosh Singh, the Rent Control Inspector was asked to make local inspection and submit his report. The Rent Control Inspector made local inspection of the building in-question and submitted his report. Against the said report objection was filed by the petitioner claiming that she has been occupying the building in question since the same was allotted in the name of her husband on 1.7.1974. Her husband died on 4.6.1986 leaving behind five sons and two daughters. Her sons, according to her, were living independently and daughters were married. It was also stated that plot No. 1307, Ratan Lal Nagar, Kanpur was allotted to her in the year 1979 but on account of financial constraints, she could not construct the house. It has also been stated that due to shortage of money, the said house was sold in favour of her sons, for the marriage of her daughters. Since then she had no concern with the said plot. In brief, it was contended that there was no vacancy in the house in question. The application for allotment/release was liable to be dismissed. Parties have produced evidence in support of their cases before the respondent No. 1. The respondent No. 1 after going through the evidence recorded finding that the petitioner acquired plot No. 1307 in Ratan Lal Nagar, Kanpur on which house has also been constructed and the petitioner has shifted to the said house and her name was also shown in the voter list in the year 1999 at serial No. 501. Having recorded the said findings, it was held that in view of the provisions of Sec. 12 (3) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972, for short, "the Act"), building in question was deemed vacant. The same was accordingly declared as vacant by order dated 17.7.2000, hence the present petition.