CHAMPA DEVI Vs. DISTT JUDGE VARANASI

JUDGEMENT

(1.) A. K. Yog, J. Present petition arises out of proceedings under Section 18 of the U. P. Urban-Buildings (Regulation of Let ting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972), (for short called 'the Act')-Smt. Champa Devi and another seeking a writ. of certiorari to quash following orders: (i) Order dated 1-9-1999 passed by Dis trict Judge in Revision. No. nil of 1999 (An-nexure-17 to the Writ Petition ). (ii) Order dated 25-8-1999 passed by Rent Control and Eviction Officer rejecting applica tion under Section 16 (5) of the Act filed by Smt. Champa Devi challenging the order of release dated 3-2-1999 (Anncxure-16 to the Writ Peti tion ). (iii) Order dated 19th April, 1999 passed by District Judge rejecting recall order 8th April, 1999 (Annexure-12toihc Writ Petition ). (iv) Order dated 8th April, 1999 passed by District Judge rejecting Revision filed by Smt. Champa Devi against order of release dated 3-2-1999 (Annexure-11 to the Writ Petition ). (v) Order dated 3rd February, 1999 order of release passed by Rent Control and Eviction Officer (Annexure-7 to the Writ Petition ). (vi) Order dated 13th December, 1999 order of declaring vacancy passed by Rent Con trol and Eviction Officer (Annexure-6 to the Writ Petition ).

(2.) SMT. Champa Devi had earlier come to this Court by filing Writ Petition No. 15378 of 1999. The case was taken up " on some dates and finally said Writ Peti tion was withdrawn vide this Court order dated 16th April, 1999 (Annexure-14 to the Writ Petition), the Writ Petition, was filed to challenge the release order dated 3rd February,'1999. Simultaneously, she filed Revision also before District Judge, which was dismissed as not maintainable.

(3.) AT the outset, it is mentioned that in none of the proceedings initialed by said Smt. Champa Devi, issues arising in the application under Section 16 (5) of the Act were adjudicated on merit. Application for review under Section 16 (5) of the Act was heard by Rent Control and Eviction Officer and the same was dismissed vide] impugned judgment and order dated 25th August, 1999 (Annexure-l6 to the Writ Petition ).