SUNAIHRI DEVI Vs. RADHA

JUDGEMENT

(1.) S. U. Khan, J. Inspite of sufficient service through publication no one appeared on behalf of respondents hence only arguments of learned Counsel for the petitioner were heard.

(2.) R. C. and E. O. District Supply Officer (DSO) Meerut after declaring the accommodation in dispute to be vacant on 25-7-2002, allotted the same to respondent No. 1 Smt. Radha by order dated 8-8-2002 passed in Case No. 26 of 2002, Mukesh v. Sunaihri Devi. Proceedings had been initiated on the allotment application of Mukesh respondent No. 2. The only other applicant was respondent No. 1. The accommodation in dispute was allotted on monthly rent of Rs. 150 per month. Accommodation in dispute is situate at first floor of house No. 232, Patel Ganj Meerut. Against allotment order 8-8-2002, petitioner filed Revision No. 66 of 2003. Additional District Judge, Court No. 14, Meerut through judgment and order dated 18-5-2004, dismissed the revision hence this writ petition.

(3.) THERE is another illegality in the allotment order. No effective notice was served upon the landlady either before inspection or before declaring vacancy or before making allotment. All these three notices are mandatory and non-issuance and non-service of any of these notices renders the allotment order illegal vide C. K. Nagarkar v. VI A. D. J. Gorakhpur, 2004 (56) ALR 651, and the authorities of the Supreme Court discussed by me in the said judgment.