KUSUM BHARVAWA AND OTHERS Vs. ADDITIONAL DISTRICT AND SESSIONS JUDGE (COURT NO. 10), KANPUR NAGAR AND OTHERS

JUDGEMENT

(1.) Heard Sri Rajesh Tandon . learned senior Counsel appearing on behalf of the petitioners and Sri S.K. Gupta, learned Counsel tor the contesting respondents.

(2.) After hearing learned Counsel for the parties for sometime, it turns upon this that the petitioners have made consistent efforts for getting a building/accommodation allotted in their favour and also in paragraph 13 of the writ petition it has been stated that the houses mentioned at serial Nos. 3 and 4 for which the petitioners have filed application for allotment on 04.05.2002 since these houses are owned by either the landlord or his wife. Sri S.K. Gupta has stated that these buildings are occupied by the tenants and co-owner. Sri Tandon disputed this fact and said that in case either of the two houses is allotted to him, he will vacate the accommodation in question. In these circumstances, without entering further into the controversy, it is directed that in case house No. 108/9, Gandhi Nagar, P. Road, Kanpur Nagar or house No. 177/11-1/38. Pandu Nagar, Kanpur Nagar are not occupied by the tenant, the Rent Control and Eviction Officer is directed to start the proceedings in pursuance of the application dated 04.05.2002 and if it is not otherwise contrary to law, the petitioner may be allotted the accommodation. The Rent Control and Eviction Officer is directed to decide the matter with six weeks within which the aforesaid direction of this Court has to be complied with. Till the conclusion of the decision by the Rent Control and Eviction Officer, the petitioner shall not be evicted from the accommodation in question.

(3.) With the aforesaid observation, the writ petition is dismissed. However, there will be no order as to costs. Petition dismissed.