KUSUM LATA YADAV Vs. A D J COURT

JUDGEMENT

(1.) This is also one of those cases where provisions of allotment provided under Section 16 of U. P. Rent Control Act, hereinafter referred to as U.P.R.C. Act (U. P. Act No. 13 of 1972) has been utterly abused for grabbing a house by the petitioner who appears to have some political influence with the clear, active support of District Supply Officer (D. S. O. in short), Moradabad. acting as Rent Control and Eviction Officer, hereinafter referred to as R. C. & E. O. Sri Suresh Chandra Jain, learned Addl. District Judge, Court No. 14, Moradabad, while allowing Rent Control Revision No. 2 of 2003 which was filed by landlord respondents against allotment order has very elaborately given the details of the entire proceedings which were initiated and concluded within two weeks. The learned Addl. District Judge has risen to the occasion and has given a damning verdict exposing grave ill-treatment of the relevant provisions of allotment provided under U. P. R. C. Act at the hands of pliable executive. The Court is using strong words under sheer anguish. With alarming continuity such cases are coming before the Court which show that inspite of grave concern shown, severe strictures passed and directions to mend their ways issued by this High Court Rent Control & Eviction Officers are acting in most audacious manner. The style of passing orders of allotment by R. C. & E. Os. particularly when allottees are influential persons shows utter disregard of the provisions of law, let the devil take care attitude towards directions of this Court given in various judgments and abject surrender to the unjust demand of the persons in power and position. The provision of allotment has been contrived into most convenient tool of house grabbing. Justice Markandey Katju in his leading judgments on the subject in Sunil Chatterjee v. R. C. & E. O., 1995 (2) ARC 79 and R.K. Agarwal v. R. C. & E. O.. Bareilly. 1995 (2) ARC 73, exposed the nexus between powerful, influential allottees and R. C. & E. Os. and issued several directions with the fond hope that such things would not happen in future. Alas, hope floundered and was sunk by unscrupulous and uncaring R. C. & E. Os. There was a time when bureaucracy was quite independent and powerful guided only by law and the rules. In order to redeem its lost glory it will have to rise from its ashes like a phoenix.

(2.) Latter part of para 6 of the aforesaid R. K. Agarwal's authority is quoted below :

(3.) Para 12, part para 14 and paras 16 and 22 of the aforesaid authority of Sunil Chatterjee are quoted below :