NARENDRA PAL SINGH CHAUHAN Vs. UPPER ZILADHIKARI

JUDGEMENT

(1.) SUDHIR Narain, J. This Writ Peti tion is directed against the order dated 15-12-1998 declaring the accommodation as vacant and the order of release under Section 16 (l) (b) of U. P. Act No. 13 of 1972 (in short the Act) in favour of the landlady-respondent by the Rent Control and Evic tion Officer on 8-1-1999.

(2.) THE landlady-respondent No. 3 filed an application for release of the disputed accommodation that the petitioner is an unauthorised occupant. THE Rent Control Inspector reported that the petitioner is unauthorised occupant. It was declared as vacant on 20-7-1996. THE petitioner filed objections stating that his father Mansa Ram was a tenant of the disputed accommodation and after his death, he inherited the tenancy right. THE Rent Control and Eviction Officer found that the petitioner failed to prove that his father was a tenant and further according to the petitioner himself, the accommoda tion was let out to his father in the year 1992 and the accommodation cannot be occupied as a tenant unless a valid allot ment order is passed. His objection was dismissed on 15-12-1998. THE petitioner preferred a revision against the said order before the District Judge, Meerut. Learned Counsel for the respondents has informed that the revision has been dis missed on 25-1-1999. Learned Counsel for the petitioner submitted that the petitioner was not afforded any oppor tunity of being heard before the accommodation in question was declared as vacant by the Rent Control and Eviction Officer on 20-7- 1996. THE petitioner, after the said order was passed, had filed objec tions before the Rent Control and Evic tion Officer. His objection was considered and again the order declaring vacancy in regard to the disputed accommodation was passed on 15-12-1998. THE petitioner having himself filed objections and that having been considered on merit, the petitioner cannot make any grievance that he was not afforded an opportunity before the order was passed by the" Rent Control and Eviction Officer declaring the accom modation in question as vacant.

(3.) IN view of the above, the writ peti tion is dismissed.