J S HITKARI Vs. ASHOK KUMAR SHUKLA

JUDGEMENT

(1.) THE petitioner has sought a writ of certiorari for quashing the order dated 19.1.1989, passed by Rent Control and Eviction Officer, rejecting the application of the petitioner filed under Section 16 (5) of U. P. Act No. 13 of 1972 and the order dated 4.8.1990, passed by respondent No. 3, dismissing the revision against the aforesaid order.

(2.) THE petitioner is owner of premises No. 7-156-C, Swarup Nagar, Kanpur. He was in service and was posted at Lucknow. One Ajai Tandon was occupying the disputed accommodation. Respondent No. 1 filed an application for allotment. THE Rent Control and Eviction Officer called for a report from the Rent Control Inspector. THE Rent Control Inspector took the statement of Ajai Kumar Tandon that he was likely to vacate the accommodation. He reported that the accommodation can be treated as vacant. THE Rent Control and Eviction Officer declared the vacancy by order dated 17.10.1985 and allotted it to respondent No. 1 on 30.10.1985. THE version of the petitioner was that he had no knowledge regarding the allotment order passed in favour of respondent No. 1 as he was posted at Lucknow and was residing there. He filed suit No. 575 of 1986 for possession against Ajai Kumar Tandon on the allegation that he was a licensee and his licence was revoked and he was entitled to its possession. During the pendency of the suit, one Mahesh Chandra Mishra also filed an application for allotment of the premises on 27th May, 1986. On his application, the Rent Control and Eviction Officer called for a report from the Rent Control Inspector on 18.9.1986. THE Rent Control Inspector submitted a report that the accommodation in question is vacant.

(3.) ON 14.9.1987, the petitioner filed an application for recall of the order dated 30.10.1985 on the allegation that the allotment order was obtained fraudulently concealing the material facts and without notice to him. He filed an affidavit in its support. It was stated by him in the application that he had come to know of the allotment order on 8th September, 1987 on inspection of the file and he had not received any notice regarding allotment proceedings. It was stated that the allotment order had been passed without any notice to him. The Rent Control and Eviction Officer rejected the review application by order dated 19.1.1989 on the ground that the Rent Control and Eviction Officer had already passed an order on 2nd September, 1987 upholding the order dated 30.10.1985 and the allottee is also in possession, there was no reason to cancel the allotment order.