ASHOK KUMAR GARG Vs. DISTRICT MAGISTRATE/ DELEGATED AUTHORITY

JUDGEMENT

(1.) THIS petition, at the instance of the landlord, was filed for a direction to the District Magistrate/Delegated Authority under the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the ''Act') to deliver vacant possession of Shop No.573, Budhana Gate, Meerut, which was under the use and occupation of the unauthorized occupant Braj Bhushan-respondent no.3, to the petitioner. The petition was subsequently amended and further reliefs were claimed for quashing the order dated 26th May, 2009 passed by the Prescribed Authority/District Supply Officer, Meerut by which the application filed by the landlord under Section 16 of the Act for release of the shop was rejected as also the order dated 28th May, 2009 passed by the Prescribed Authority by which the shop was allotted to respondent no.4-Man Mohan Rastogi. An additional prayer was also made that the Prescribed Authority should decide the release application filed by the landlord after giving opportunity of hearing to the landlord.

(2.) THE disputed shop No.573, Budhana Gate, Meerut, of which the petitioner is the landlord, was allotted by the Prescribed Authority in favour of Mohan Lal but an application was filed by Girish Chandra Agarwal before the Prescribed Authority for alloting the shop in his favour after declaring vacancy as Mohan Lal had permitted it to be occupied by Braj Bhushan. THE landlord also filed an application under Section 16(1)(b) of the Act for release of the shop as the landlord bona fide required it for the purpose of carrying on his business of Cyber Cafe. THE Prescribed Authority declared the shop to be vacant under Section 12 of the Act by the order dated 29th March, 2001. THE said order declaring vacancy was assailed by Braj Bhushan in Writ Petition No.12953 of 2001 in which initially an interim order was passed on 9th April, 2001 but the writ petition was eventually dismissed by the judgment and order dated 2nd April, 2009.

(3.) IN response to the aforesaid order of the Court, the District Magistrate, Meerut filed a counter affidavit stating that the application filed by the landlord for release of the shop was rejected by the Prescribed Authority by the order dated 26th May, 2009 and, thereafter, the Prescribed Authority allotted the shop in favour of Man Mohan Rastogi by the order dated 28th May, 2009. It was also stated in the counter affidavit that after the allotment order was issued on 29th May, 2009 and the possession of the shop was handed over to the landlord by Braj Bhushan on 29th May, 2009 and thereafter the landlord delivered the possession of the shop to Man Mohan Rastogi on 29th May, 2009 and since then Man Mohan Rastogi is in actual physical possession of the shop.