RAJ KISHORE TANDON Vs. DISTRICT JUDGE

JUDGEMENT

(1.) This is landlords' writ petition directed against order of allotment dated 4.4.1985 passed by R.C & E.O. Etawah in favour of original respondent No. 3 Vishwa Narain Chaturvedi since deceased and survived by legal representatives under Section 16 of U.P Act No. 13 of 1972. Through the said order vacancy was declared and accommodation in dispute was allotted to respondent No. 3. Against the said order revision was filed which was dismissed on 20.8.1986. The said judgment is also challenged through this writ petition.

(2.) Building in dispute was allotted to V.N. Chaturvedi in his capacity as Manager / In charge Sunshine School. Allotment order was passed by R.C. & E.O / Additional Magistrate I Etawah in case No. 19 of 1984 Ram Babu and Ors. v. Raj Kishore Tandon and Ors. (Ram Babu was the other applicant for allotment). On 4.4.1985, the date on which allotment order was passed Form B under Rule 12 of the Rules framed under the Act containing the essentials of allotment was also issued. Alongwith Form B a map was also enclosed which is on page 76 of the paper book. From perusal of the said map and allotment order in Form B, it is clear that the actual constructed portion of the allotted accommodation is very small and open land, which was also allotted, was more than 50 times larger than the constructed portion.

(3.) Under Section 3(i) of the Act building is defined to mean a residential or non-residential roofed structure and includes(i) any land (including any garden) garages and out houses, appurtenant to such building;