PATVERDHAN SINGH Vs. DISTRICT JUDGE KANPUR NAGAR

JUDGEMENT

(1.) J. C. Gupta, J. Heard petitioner's Counsel, Sri Yasharth and Sri R. N. Bhalla Counsel appearing for the landlords- respondents No. 4 to 7.

(2.) THIS writ petition is directed against the order dated 29-8-97 passed by the Rent Control and Eviction Officer, Kanpur Nagar making an order of release in favour of the respondents-landlords. Revision filed against the said order has also been dismissed by respondent No. 2 by the order dated 17-12-97 passed by Sri M. C. Jain, District Judge, Kanpur Nagar. By the same judgment the connected revision filed by the petitioner has also been dismissed which challenged the order of the Rent Control Officer allowing review application of the landlords.

(3.) THE Rent Control Officer as well as the revisional court have concluded that since the release application of the landlords was already pending for disposal before the R. C. and E. O. , he could not assume jurisdiction of making an order of allotment in favour of the petitioner. Learned Counsel for the petitioner could not point out that this view of the Courts below is against law. On the contrary the view taken in absolutely legal. For this proposition of law a reference may be had to the Full Bench decision of this Court in Talib Hasan \. 1st Addl. District Judge, Nainital, 1986 (1) ARC 1.