LAWS(ALL)-2007-8-46

NASIMA BEGUM Vs. ABDUL HANNAN

Decided On August 13, 2007
NASIMA BEGUM Appellant
V/S
ABDUL HANNAN Respondents

JUDGEMENT

(1.) Heard Sri K. K. Tripathi, learned Counsel for the petitioner and Sri Som Narayan Mishra, learned Counsel for the caveator respondents.

(2.) THIS writ petition has been filed against the orders dated 11- 9-2006 (Annexure-4 passed by Rent Control Eviction Officer) by which the vacancy in the accommodation in dispute has been declared, order dated 20-12-2006 (Annexure-6 passed by the Rent Control and Eviction Officer) which is the release order passed by the Rent Control Eviction Officer and order dated 4-6-2007 (Annexure-13 passed by Additional City Magistrate (Acquisition) Kanpur Nagar) issuing Form-D for possession of the landlord in pursuance of the aforesaid orders.

(3.) ACCORDING to learned Counsel for the petitioner, the proceedings for declaration of vacancy under Section 12-C of the Act were initiated on the application of one Mohd. Yunus who filed an application for allotment of the accommodation which was inspected by the Rent Control Inspector. A report dated 23-2-2005 is said to have been submitted by him inter alia that petitioner is not residing in House in dispute and that the report has been submitted by Rent Control Inspector without any notice to the petitioners in derogation of the procedure provided as provided under Section 8 (2) of the U. P. Act No. 13 of 1972.