BADAL PANDEY Vs. ADDITIONAL DISTRICT JUDGE AND OTHERS

JUDGEMENT

(1.) :- Heard Sri A.K. Rai and Sri Vishnu Kumar Singh, counsels for petitioner and Sri Ashish Kumar Singh and Sri Ajay Kumar Singh, counsels for caveator/respondent no.3.

(2.) THE judgment and order dated 1.7.2009 passed by Additional District Judge, court no.4, Varanasi, in Rent Revision No.19 of 2004 Smt. Manju Devi Vs. Badal Pandey and others is under challenge in the instant writ petition. The Rent Control and Eviction Officer, Varanasi, vide judgment and order dated 31.8.2004 rejected release application of contesting respondent under Section 16 (1) (b) of U.P. Act No.XIII of 1972 (hereinafter referred to as the Act).

(3.) THE claim of the learned counsel for respondent no.3 is that petitioner is a rank trespasser and unauthorized occupant as such vacancy is in existence. The matter has been remanded because Rent Control and Eviction Officer, Varanasi has decided the question in a cursory manner and passed an order on 31.8.2004. The order of R.C. and E.O. has been set aside by Additional District Judge, court no.4, Varanasi, leaving it open for petitioner Badal Pandey to raise his argument before R.C. and E.O.