BALESHWAR SINGH Vs. DISTRICT JUDGE AND 3 OTHERS

JUDGEMENT

(1.) This writ petition has been filed under Article 226 of the Constitution of India praying for a direction to the Revisional Court i.e. the Court of District Judge, Etawah to decide the Revision filed by the petitioner against the order dated 09.03.2018 passed by the Rent Control and Eviction Officer/City Magistrate, Etawah releasing the property in question in favour of the land-lord i.e. Trust Dau Ji Maharaj and Mahadev Ji Maharaj.

(2.) It has been submitted by the learned counsel for the petitioner that initially an allotment order was passed in favour of the petitioner as the erstwhile tenant and the Trust had not informed the Rent Control and Eviction Officer about the transfer of the erstwhile tenant and his moving out of the property in question. This allotment order was contested by the erstwhile tenant Shri Prakash Sharma in Revision and the Revision of Shri Prakash Sharma was allowed by the learned Additional District Judge by his order dated 16.09.1985 and the order declaring vacancy and allotment in favour of the petitioner was quashed and the matter remanded to the Rent Control and Eviction Officer for deciding the question of vacancy afresh.

(3.) The petitioner approached this Court by filing Civil Misc. Writ Petition No. 13864 of 1985, which was dismissed by this Court on 20.11.1985, but with an observation that the Rent Control and Eviction Officer shall proceed to decide the proceedings expeditiously and in case, it is found by him that vacancy exists, then it shall consider the application for allotment.