SHAMSHAD AHMAD Vs. DISTRICT JUDGE DEHRADUN

JUDGEMENT

(1.) A very short question arises for consideration in this landlord's writ petition as to whether the mandatory requirement of Section 17 of U. P. Act XIII of 1972 of making an allotment order in favour of landlords' nominee where no allotment has been made within 21 days from the date of receipt of intimation that the premises are vacant, can be ignored by declaring deemed vacancy under section 12 (3) of the Act.

(2.) WHAT happened was that the earlier tenant constructed a house and was expected to vacate the premises on or about 24th June, 1980 due intimation of which was given by petitioner to the Rent Control and Eviction Officer by an application dated 18th June, 1980. On inspection the Inspector submitted a report on 2nd July, 1980 that the tenant was still in occupation but was likely to shift to his recently constructed premises in the near future. The Rent Control and Eviction Officer thereafter declared the premises vacant under section 12 (3) of the Act on 22nd July, 1980, and invited applications for allotment. On the same day the landlord moved an application nominating opposite party no. 4 as a tenant of his choice. It has been held by both the authorities that section 17 came into operation only when the vacancy was intimated under sub-section (1) of Section 15 of the Act.