LAWS(ALL)-1980-4-47

MANNI LAL Vs. RAVI KUMAR

Decided On April 30, 1980
MANNI LAL Appellant
V/S
RAVI KUMAR AND ORS Respondents

JUDGEMENT

(1.) The Petitioner moved an application for a declaration that certain premises were vacant. After an inquiry, the Rent Control & Eviction Officer by his order dated 29-9-1978 rejected the application on the finding that there was no vacancy. The Petitioner, thereupon filed a Revision which has been rejected by the learned District Judge by the order dated 10-4-1979 on the ground that no Revision lay against the order passed by Rent Control & Eviction Officer refusing to declare a vacancy. The learned District Judge placed reliance on a decision in the case of M.C. Banerji v. VII Additional District Judge,1979 RCC 140. The grievance of the Petitioner seems to be that he was given no opportunity in the inquiry which was caused to be made by the Rent Control & Eviction Officer into the alleged vacancy. The grievance is misconceived. Under the Act, no opportunity is contemplated to be given to a prospective allotee in the inquiry which may be made in pursuance of an application made for the purposes of declaration of an accommodation as vacant. The impugned orders do not suffer from any error of law.

(2.) There are no merits in this writ petition. It is accordingly rejected. There will be no order as to costs.