CHANDRA KANT NAGARKAR Vs. VTH ADDITIONAL DISTRICT JUDGE

JUDGEMENT

(1.) By order dated 13.10.1986 this writ petition was admitted and connected with Writ Petition No. 15452 of 1985. The said petition of 1985 was dismissed in default on 23.9.2003 by Hon. S. Harkauli, J. Restoration application was also dismissed on merit on 20.10.2003. A second restoration application is pending.

(2.) This writ petition on behalf of the landlords is directed against allotment order under Section 16 (1) (a) of U. P. Act No. 13 of 1972, passed in favour of respondent No. 4 by Rent Control and Eviction Officer, Gorakhpur, dated 1.12.1982 and judgment and order dated 26.8.1986, passed by Vth Additional District Judge, Gorakhpur, dismissing Civil Revision No. 506 of 1982 which was filed under Section 18 of the Act and was directed against aforesaid allotment order dated 1.12.1982.

(3.) Initially the building in dispute was in tenancy occupation of U. P. State Electricity, Board through Executive Engineer, Hydel, Distribution Division, III, Gorakhpur (hereinafter referred to as U.P.S.E.B.). Respondent No. 4 filed application for allotment of the said building on 27.9.1982 alleging therein that U.P.S.E.B., the tenant was likely to vacate the building. According to para 5 of the counter-affidavit filed on behalf of respondent No. 4 "the aforesaid application of respondent No. 4 was forwarded by the rent control authority to the Executive Engineer, Electricity Distribution Division, III to ascertain the fact whether the building in question was going to fall vacant or not. The Executive Engineer, Electricity Distribution Division, III on 13.10.1982, made an endorsement on the said application of respondent No. 4 to the effect that the building would be vacated by November, 1982."