RAJEEV MAURYA Vs. RENT CONTROL AND EVICTION OFFICER/ADDL DISTRICT MAGISTRATE CITY DELEGATED AUTHORITIES MEERUT

JUDGEMENT

(1.) -HERD learned Counsel for the parties.

(2.) THIS writ petition is directed against vacancy declaration order dated 26. 7. 2000 passed by Rent Control and Eviction Officer/additional District Magistrate (City), Meerut in case No. 110/21 of 2000 Smt. Kailashwati and another v. Rajiv Maurya. Though the said order vacancy of the house in dispute in which petitioner is tenant has been declared on the ground that petitioner's possession since 1982 as tenant is without allotment order. Reliance has been placed by R. C. and E. O. upon Full Bench authority of this Court reported in Nootan Kumar v. A. D. J. . ,1993 (22) ALR 437 (FB ). The said Full Bench authority of this Court has been overruled by the Supreme Court in Nootan Kumar v. A. D. J. ,2002 (49) ALR 251 (SC ). However, the Supreme Court has also held that agreement of tenancy without allotment order is binding upon landlord and tenant but not upon R. C. and E. O.

(3.) PLACING reliance upon authority of the Supreme Court reported in Mansaram v. S. P. Pathak,air 1983 SC 1239. I have held in Anil Kumar Dixit v. Smt. Maya Tripathi and another, 2006 (62) ALR 383. that proceedings for allotment of release on the ground of deemed vacancy may be initiated within 12 years from the date of occurrence of vacancy. In this case since very inception of tenancy i. e. in the year 1982 vacancy was there. Release application filed after 18 years was therefore clearly barred by time.