RAM CHANDRA VERMA Vs. BISHESHWAR CHAKRABARTY

JUDGEMENT

(1.) HEARD learned Counsel for the parties.

(2.) VACANCY of the house in dispute was declared on 26. 7. 2004 by the r. C. ande. O. Against the said order respondent filed writ petition being Writ petition No. 31491 of 2004 which was dismissed on merit on 31. 1. 2007. Thereafter building in dispute was released in favour of petitioner-landlord by r. C. ande. O. /a. D. M. (Civil Supplies), Varanasi through order dated 24. 7. 2007 passed in Rent Case No. 2 of 2003. Thereafter a review petition was filed by the respondent before R. C. and E. O. on 4. 10. 2007 on the ground that he was not heard before passing of release order. The review application was allowed on 22. 11. 2007 which order has been challenged through this writ petition.

(3.) R. C. and E. O. held that by virtue of Supreme Court authority in "yogendra Tiwari v. District Judge, Gorakhpur, 1984 10 ALR (SC) 285. It was essential to hear the occupant also before passing release order under section 16 of the Act and as respondent/occupant had not been heard before passing the order dated 24. 7. 2007 hence it was liable to be reviewed and set aside.