NEERAJ KUMAR AGRAWAL Vs. ARVIND MOHAN

JUDGEMENT

(1.) HEARD Sri Atul Dayal, learned counsel for petitioner, Sri Kshitij Shailendra, learned counsel appearing for contesting respondent no. 1 and Sri P.K. Jain, Senior Advocate, assisted by Sri Saurabh Jain, learned counsel appearing for respondents 3, 4, 5 and 6.

(2.) WRIT petition is directed against the order 13.7.1999 (Annexure 31 to writ petition) passed by 7th Addl. District Judge, Moradabad allowing revision of respondent no. 1 and remanding the matter to Rent Control and Eviction Officer, Moradabad (hereinafter referred to as "RCEO") by setting aside his order dated 27.4.1998 whereby after declaring the premises in question vacant, he has allotted the same to Sri Neeraj Kumar Agarwal, i.e. petitioner in this writ petition.

(3.) IT is interesting to notice that the vacancy was declared by District Magistrate on 20.3.1998 while the alleged communication of outgoing tenant relied by petitioner is dated 27.3.1998. There is nothing on record to show that the information in prescribed form was given to District Magistrate and the requirement of Rule 9 of 1972 Rules was complied with.