VINOD KUMAR DIXIT Vs. A D J VIIITH

JUDGEMENT

(1.) This writ petition has been filed for quashing the judgment and orders dated 4.1.1994, 29.1.1994 and 6.11.2000, passed by Rent Control and Eviction Officer, Kanpur Nagar (respondent No. 2) and Additional District Judge, Kanpur Nagar, whereby the premises in dispute was declared vacant and subsequently allotted in favour of Udai Pratap Singh (respondent No. 3) and the revision against the same filed by the petitioner was dismissed.

(2.) The dispute relates to premises No. 125/73 K Block Govind Nagar Kanpur Nagar of which petitioner is the owner and landlord. One Sri Umesh Rai was tenant of the ground floor portion of the premises in dispute under an order of allotment. Sri Umesh Rai subsequently shifted to Delhi and as such an application was moved by Udai Pratap Singh (respondent No. 3) for allotment under Section 16 to Rent Control Eviction Officer on the ground that as Umesh Rai had already shifted to Delhi and was not residing in the premises in dispute therefore, the premises was deemed to be vacated. It would be relevant to mention here that even the petitioner had shifted to Delhi in connection with his service.

(3.) On the application filed by respondent No. 3 proceedings were initiated and a report was called for from the Rent Control Inspector, who without notice to the landlord submitted a report regarding vacancy. The Rent Control and Eviction Officer vide order dated 4.1.1994, declared vacancy based upon the report of the Rent Control Inspector and affidavit filed by Umesh Rai dated 22.12.1993. Later on the Rent Control and Eviction Officer without ensuring service of notice on the petitioner landlord vide order dated 29.1.1994 allotted the premises in dispute (ground floor portion occupied by Umesh Rai) in favour of Udai Pratap Singh respondent No. 3.