ARUN KUMAR GUPTA Vs. PRESCRIBED AUTHORITY RENT CONTROL

JUDGEMENT

(1.) HEARD counsel for the petitioner and perused the record.

(2.) RESPONDENT landlord applied under Section 15(1) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act), for declaration of vacancy in godown No. 1 of Sri Ram Mahadev Prasad, a registered firm situated at 363, Harrisganj, Police station Rail Bazar, Kanpur Nagar, in which the petitioner claims to be a tenant since 1990.

(3.) THE recall application filed by the petitioner has been rejected by the prescribed authority vide order dated 31.1.2011. Aggrieved the petitioner has come up in this petition challenging the validity and correctness of the orders dated 31.1.2011,22.7.2010,30.7.2009 and 18.6.2009 appended as Annexure Nos. 8, 5,4 and 2 respectively to the writ petition. THEse orders have been challenged on the ground that the prescribed authority/Additional City Magistrate, Kanpur Nagar has committed an illegality in rejecting the recall application only on the ground that petitioner has admitted the fact that he was a tenant since 1990 without any allotment order issued under the Act and his tenancy cannot be regularised.