SULTANA BEGUM Vs. SAMRUN NISA & ORS.

JUDGEMENT

(1.) This matter show a typical attitude of audacity of State Government officials to go to any extent to surpass/bypass or to make ineffective or inoperative orders of superior courts and that too with an attitude of impunity.

(2.) An order of allotment was passed in respect to accommodation in dispute on 15th May, 1989. The party, claiming possession of disputed property, challenged the allotment order in revision but failed. The Revisional Court passed an order on merits confirming the allotment order dated 15th May, 1989. Thereafter the matter came to this court in writ petition no.31148 of 1995 but the same was dismissed by detailed judgment dated 14.03.2002. The petitioners filed review application, which was also dismissed on 23.5.2002. The said petitioners, in the meantime, had also filed writ petition no.23970 of 2002 challenging action of RCEO against action taken for giving effect to allotment order dated 15.5.1989 in the garb of filing a review before RCEO. The said application under Rule 16(5) Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (hereinafter referred to as "Rules, 1972") was filed on 20.5.2002. The RCEO rejected the said application and passed order on 20.5.2002 for issuing form 'C' for giving possession to the allottee Mohd. Naseer. Challenging the order dated 15th May, 1989 and 20th May, 2002 another writ petition was filed by the same set of the persons i.e. writ petition No.23970 of 2002 but the same was dismissed by this Court vide judgment dated 13.8.2012 upholding the order of RCEO in proceeding for handing over possession of the allotted premises to the allottee and this Court also observed that review application under Rule 16(5) was not permissible in law in the above facts and circumstances. Against the judgment dated 13.8.2012 the matter was taken in appeal i.e. S.L.P. No.28419 of 2012 before Apex Court also which was also dismissed on 15.10.2012. The allottee then requested the competent authority/Rent Control and Eviction Officer (hereinafter referred to as "RCEO") to take steps for handing over possession of allotted accommodation. On the other hand another party, who had lost the matter up to Supreme Court, again moved an application under Rule 16(5) before RCEO for revocation of the allotment order dated 15th May, 1989 whereupon he passed order on 18th Dec., 2012 revoking the allotment order.

(3.) Sri Pappu Gupta, Additional City Magistrate (IV), Kanpur Nagar is the officer who passed order on 18th Dec., 2012.