RAJESH KUMAR SINGH Vs. SRI INDRAJEET PRATAP SHAHI

JUDGEMENT

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

(2.) THIS writ petition arises out of an order dated 6.11.2007 by which vacancy of the shop in dispute situated on the ground floor in premises No. B1/85A, Assi in the City, Varanasi has been declared. The order dated 9.1.2008 allotting the shop in dispute to respondent No. 1 and consequential order dated 12.2.2008 passed by the Rent Control and Eviction Officer, Varanasi as well as the order of the Revisional Court dated 16.7.2009 have also been challenged. The petitioner has prayed for quashing of the aforesaid orders and for issuance of a writ of mandamus commanding the Rent Control and Eviction Officer, Varanasi not to evict the petitioner from the shop in dispute in pursuance of the allotment order dated 19.1.2008 and the consequential order dated 12.2.2008 regarding delivery of possession of the shop in dispute to respondent No.1.

(3.) SUBSEQUENTLY, the Area Rationing Officer submitted his report under Rule 8(2) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent And Eviction) Rules, 1972 to the effect that he had inspected the shop in dispute on 19.9.2007 in presence of Smt. Lila Devi and respondent No. 1. In his report he has stated that he has found the shop in dispute was lying closed and the petitioner was not present on the spot. He recorded the statement of Smt. Lila Devi in presence of two witnesses of the locality namely, Sri B.N. Verma and Sri Shiv Nath to the effect that the shop in dispute was let out to the petitioner on 1.8.2001 for a period of 11 months for a tailoring business and not for business of 'Pan' or betel to Rajesh; and that he is not paying the rent w.e.f. January, 2002.