SHANTI TYAGI Vs. VIITH ADDITIONAL DISTRICT JUDGE MEERUT

JUDGEMENT

(1.) Shanti Tyagi. petitioner has filed this petition claiming writ of certiorari to quash order dated 6th February. 1985 (Annexure-6 to the writ petition) whereby the District Judge (acting as revisional authority under Section 18, U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. 13 of 1972) (for short called 'the Act') allowed the revision and set aside the order of allotment dated 10th September. 1980 (Annexure-5 to the writ petition) passed by the Delegated Authority under Section 16 of the Act in favour of the petitioner.

(2.) One Nawab Singh tenant was allotted present accommodation in question (a residential accommodation in the city of Meerut). Nawab Singh vacated the said accommodation. Landlord exercised his right to nominate an allottee. Some other persons also applied for allotment of the said accommodation. The rent control authority passed allotment order in favour of Shalender Kumar Saxena and Mahabir Prashad Saxena. The said allottees did not have nomination in their favour from the landlord. Landlord filed Revision No. 309 of 1976, He pleaded that the accommodation of ground floor and first floor could not be treated as independent accommodations and, therefore, Section 17 (2) of the Act, which conferred a right of nomination, was not attracted. The revisional court allowed said Revision No. 309 of 1976 vide Judgment and order dated 27th September, 1977 (Annexure-1 to the writ petition). The matter being considered by the delegated authority, allotment order dated 16th December, 1977 was passed in favour of one Pradeep Kumar, who was posted in Meerut as Sales-tax Officer (Annexure-2 to the writ petition).

(3.) It appears that a release application under Section 21 of the Act was filed by the landlord. Prescribed Authority decided release application on the basis of a compromise executed by landlord and aforesaid Pradeep Kumar vide order dated 18th January, 1980 (Annexure-3 to the writ petition).