BHAIRAB DUTT Vs. DISTRICT JUDGE AND ORS

JUDGEMENT

(1.) This petition has been filed questioning the order dated 21st October, 1986 passed by District Judge, Pithoragarh in rent revision No. 5 of 1986, arising out of order dated 29th July, 1986, passed by Rent Control Officer, Pithoragarh, whereby, he refused to release the accommodation in dispute in favour of land lady, respondent No. 3. The revision was partly allowed and case was remanded to the Rent Control Officer for fresh disposal of the application for release in the light of the directions made in the order dated 21st October, 1986. From annexure-6, it appears that after the remand order, the Rent Control Officer decided the application vide order dated 8th December, 1986 and released the accommodation in dispute in favour of respondent No. 3 and also passed an order directing the petitioner to hand over possession to respondent No. 3. Admittedly the order dated 8th December, 1986 has not been challenged by petitioner. The order of remand has got its effect, against the order dated 8th December, 1986, petitioner has neither filed any revision nor has filed the copy of same along-with writ petition, for challenging the legality of the same. Further the petitioner is only a prospective allottee and can not have any grievance against the release of the accommodation in dispute in favour of the land lady. The legal position in this respect is well settled. For the reasons recorded above, this petition has no force and is accordingly dismissed.