RAM KISHORE SETH Vs. STATE OF U. P.

JUDGEMENT

(1.) THIS writ petition has been filed for quashing the order dated 5-7-1991 passed by opposite party No. 2 (contained as Annexure No. 10 to the writ petition) whereby the vacancy under Section 12 of U. P. Act No. 13 of 1972 (in short the "Act") of the disputed premises has been declared and further quashing the notification dated 6-7-1991 (contained as Annexures 11 and 12 of the writ petition) whereby the notice has been issued by respondent No. 2 inviting the applications for allotment of the disputed premises.

(2.) THIS petition was filed impleading the prospective allottees as respondent Nos. 3, 4, 5 and 6. The counter affidavit was filed on behalf of respondent Nos. 3 and 4 but no counter affidavit was filed by respondent Nos. 5 and 6. Thereafter during the pendency of the writ petition, the respondent No. 3 expired and his widow Smt. Parmeshwari Devi was substituted in his place as respondent No. 3/1. Notices were issued to Smt. Parmeshwari Devi respondent No. 3/1 but she did not response to the notice and vide order dated 19-12-2006 this Court held that the service of notice upon Simt. Parmeshwari Devi is sufficient under Chapter VIII Rule 12 of the Rules of Court, 1952.

(3.) THE brief facts as emerged from the writ petition are as follows :-