SATISH KUMAR Vs. ADDITIONAL DISTRICT

JUDGEMENT

(1.) Heard Sri Rajendra Kumar, learned counsel for the petitioner and Sri Shesh Kumar, learned counsel for the respondents.

(2.) Both these writ petitions arise out of same order dated 18.6.1999 hence are being decided by this common judgment. The facts have been taken from writ petition no.31125 of 1999 though learned counsel for the parties agree that the facts and law and legal issues involve in both the matters are same.

(3.) This is a writ petition under Article 226 filed by six petitioners who are members of a family and legal heirs of Sri Har Krishna Das, who initially commenced proceedings resulting in impugned order dated 18.6.1999 (Annexure 3 to the writ petition) passed by Rent Control and Eviction officer, Varanasi (hereinafter referred to as "RCEO") in case No.15 of 1992 (Har Krishna Das Vs. Govind Das Maheshwari) and 16 of 1993 (Har Krishna Das Vs. Chunni Lal) in purported exercise of power under Section 16 (4) of Act 13 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972").