AKHILESH KALRA Vs. VTH ADDL DISTRICT JUDGE LUCKNOW

JUDGEMENT

(1.) Present petition filed under Article 226 of the Constitution of india, arises out of proceedings under Section 16 (1) (b) of the U. P. Urban Buildings (Regulation of Letting. Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) for short 'the Act' and is directed against the order passed by District Judge dated 31.5.91. recalling the rent revision No. 1/91 from the Court of Iind Addl. District Judge and transferring the same to the Court of VIth Addl. District Judge, of which Mr. A. A. Khan was the presiding officer and the order dated 28.10.91 passed by VIth Addl, District Judge, allowing the revision under Section 18 of the Act. and setting aside the order passed by A.D.M. (E) Lucknow acting as Rent Control and Eviction Officer dated 30.12.1986, whereby release application of the petitioners were allowed and the order dated 2.1.1991, whereby review appications filed by respondent Nos. 3 to 6 were dismissed.

(2.) Relevant facts of the case, giving rise to the present petition, in brief, are that the building No. 7, Dalibagh. Lucknow, (for short 'the building in question') was in the tenancy of the Deputy Cane Commisssioner, Lucknow, who used to pay rent of the said building to Sri Mullack Raj, Sri Banarsi Das and Sri Dwarlka Das, (for short the 'Landlords.') It was on 7.11.84 that the Deputy Cane Commissioner, the tenant, gave an intimation to the landlords that he intended to vacate the building in question, copies of the said intimation notice were also endorsed to the District Magistrate, Lucknow. Senior Superintendent of Police. Lucknow and Addl. District Magistrate (Civil Supplies], Lucknow. respondent No. 2.

(3.) On the basis of the aforesaid intimation, notices were issued to the landlords, report of the Rent Control inspector was also called for by respondent No. 2. The Rent Control inspector after making local inspection, submitted his report on 12.11.1984 to the effect that the building in question was likely to fall vacant. It was also reported that a portion of first floor of the building was wrongfully occupied by Sri Sanjay Gandhi Awas Samill. Against the unauthorised occupant, an F.I.R. was also alleged to have been lodged by outgoing tenant.