HANIF KHAN Vs. VIII ADDL DISTT JUDGE KANPUR

JUDGEMENT

(1.) BY this writ petition the petitioner has prayed for quashing the order of allotment dated 30-6-1978 passed by the Rent Control and Eviction Officer, Kanpur and the orders dated 2-12-1978 and 17-12-1979 passed by the Additional District Judge, Kanpur.

(2.) A residential portion of house No. 79/108, Bansmandi Kanpur fell vacant Haneef Khan the present petitioner made an application on 18-6-1973 for allotment of that portion to him. The Rent Control and Eviction Officer received report of the Rent Control Inspector regarding vacancy of the said portion on 3-7-1973 and notified the vacancy on 4-7-1973. Thereafter other persons also made applications for allotment of that portion, and Mushtaq Ahmad respondent no. 3 was one of them.

(3.) THE learned counsel for Haneef Khan has assailed the order of allotment dated 30-6-i 978 on merits. He has urged that the Rent Control and Eviction Officer misread the allotment application of the petitioner, and therefore, passed a wrong order of allotment. Since the petitioner was the first applicant and had no other accommodation for his residential purposes he was entitled to allotment of the accommodation on the principle of first come first served.