BALESHWAR NATH BHARGAVA Vs. DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) Heard Sri T.B. Pandey learned Counsel for the petitioner and Sri A.B. Saran, learned Senior Counsel for the respondent No. 3. This is landlord's writ petition and is directed against orders passed by R.C. and E.O. rejecting release application of petitioner landlord under Sec. 16 of U.P. Rent Regulation Act (U.P. Act No. 13 of 1972) and simultaneously allotting the name to respondent No. 3 and order of Revisional Court affirming the said order.

(2.) Landlord petitioner filed ejectment suit against his previous tenant of the accommodation in dispute, which is a shop on the ground of sub letting. Respondent No. 3 Dinesh Garg and some other person also applied for allotment of the shop in dispute, contending therein that the said shop was deemed vacant on the ground that it had been sub let by the tenant.

(3.) R.C. and E.O./D.S.O. Saharanpur declared the shop in dispute to be vacant on 10.2.1983. Office of R.C and E.O. was closed on 11, 12 and 13th Feb., 1983 due to holidays and on 14.2.1983 landlord filed release application under Sec. 16 of the Act. It was rejected on 15.2.1983. According to the landlord no objection had been filed against the release application filed by him. By the same order dated 15.2.1983 shop in dispute was allotted to respondent No. 3. Against order dated 15.2.1983 two revisions were filed under Sec. 18 of the Act. One by the landlord which was numbered as R.C. Revision No. 97 of 1983, the other by the earlier tenant Narendra Dev which was registered as R.C. Revision No. 92 of 1983. District Judge Saharanpur by judgment and order dated 31.3.1983 dismissed both the revisions, hence this writ petition by the landlord. The judgment of the Revisional Court runs into 98 paragraphs in 70 pages.