LAWS(ALL)-2012-7-364

KABITA MUKHARJEE Vs. SMT. PINKY MOOKARJEE AND OTHERS

Decided On July 10, 2012
Kabita Mukharjee Appellant
V/S
Smt. Pinky Mookarjee And Others Respondents

JUDGEMENT

(1.) Heard Sri R.C. Singh, Advocate, for petitioner; and Sri Raj Kumar, Advocate, for respondents 1 and 2.

(2.) Writ petition is directed against the revisional order dated 23.2.2010 passed by Addl. District Judge, Varanasi, preferred against the Rent Control and Eviction Officer's (hereinafter referred to as "RCEO") orders dated 1.10.2004, 13.4.2005 and 30.7.2005. The revisional Court has allowed the revision and setting aside the order dated 30.7.2005, has directed the RCEO to proceed afresh on the mater of release of accommodation to the owner of the premises in question.

(3.) Learned counsel for petitioner raised two arguments. Firstly that the revision itself was not maintainable and in this regard placed reliance on a Full Bench judgement of this Court in Gopal Dass and another Vs. 1st Addl. District Judge, Varanasi and others 1987 (1) ARC 281.