DWARIKA LALWANI Vs. ADDL DISTRICT JUDGE VARANASI

JUDGEMENT

(1.) Heard learned Counsel for the parties and perused the record. This writ petition has been filed challenging the validity and correctness of the order dated 15.12.2010, passed by the Additional District Judge, Varanasi in Revision No. 1 of 2008, Bal Krishna Aiyar v. Rent Control and Eviction Officer/Prescribed Authority, Varanasi. The brief facts of the case are that one Ramesh Kumar filed an application before the Prescribed Authority for allotment of a portion of House No. 47/147 situated in Mohalla Ramapura, District-Varanasi which was registered as Case No. 38 of 2003. The said portion is situated on ground floor consisting of 2 rooms, one kitchen, one latrine and bath room. After submission of the report by the Rent Control Inspector, the Prescribed Authority by his order dated 15.7.2004 declared vacancy in the said portion.

(2.) Thereafter, the petitioner also moved an application on 24.8.2007 alongwith Appendix-1 dated 25.8.2007 for allotment of house in his favour on the ground that vacancy has been declared by order dated 15.7.2004 and he being a prospective allottee may be allotted the accommodation in dispute. He also moved an application dated 10.9.2007 for release of aforesaid accommodation under section 16(1)(b) of U.P. Rent Control Act.

(3.) By order dated 25.9.2007 the Prescribed Authority recalled the order dated 23.12.2004 by which case was dismissed in default and dismissed the application of the landlord/respondent for release of house in his favour. On 8.1.2008, Mahendra Nath Upadhyaya/respondent No. 3, appears to have moved an application for allotment of house in his favour.