J.P. SINGH Vs. R.S. OJHA

JUDGEMENT

(1.) The Rent Control and Eviction Officer, the delegated authority of the District Magistrate under U.P. Act No.13 of 1972 (hereinafter referred to as the Act) has passed an order dated 16.10.2008 under Section 16 of the Act for the release of a portion of house No.8, Kanpur Road, Allahabad in favour of Kailash Jaiswal respondent No.3, the so called owner. This order has been impugned by the petitioner, the prospective allottee by means of this writ petition.

(2.) The above residential portion is part of house No.8 Kanpur Road, Allahabad which is a Nazul land having an area of 1 acre i.e. 4418 sq. yards with six tenants and a Church. It belongs to Ladli Tandon, respondent No.2 who is the lessee of the same.

(3.) The disputed portion was under the tenancy of one Anil Mehrotra, who vacated the same. Petitioner J.P. Singh, accordingly moved an application for its allotment. It was declared to be vacant vide order dated 18.9.08.