SAGHIR AHMAD Vs. DISTRICT SUPPLY OFFICER AND OTHERS

JUDGEMENT

(1.) This petition is directed against the ordered of the Rent Control and Eviction Officer, Aligarh dated January 20, 1977 setting aside the order of allotment made in favour of petitioner on 17th March, 1972.

(2.) This case has a chebuered history but it is not necessary to refer to all these facts. Sufficient it to say that on an application made by the petitioner, he was allotted a portion of house No. 3/631 situate in Mohalla Lal Diggi, Daudpur, Aligarh by the Rent control and Eviction Officer, under his order dated 17th March, 1972 and this order was affirmed by the State Government under Section 7F of 1947 Act. The petitioner, however, could not obtain possession of the premises allotted to him and ultimately the Rent Control and Eviction Officer set aside the allotment order by the impugned order dated January 20, 1979 against which this petition has been filed.

(3.) Learned counsel for the petitioner urged that no opportunity was afforded to the petitioner before setting aside the order of allotment. This contention is fully supported by the averments contained in paragraphs 49 and 51. The averments contained in these paragraphs remain uncontroverted as no counter-affidavit has been filed on behalf of the respondents. The impugned order was passed in violation of principles of natural justice, hence, the order is rendered void.