R.H. Zaidi, J. - (1.) HEARD learned counsel for the petitioner. By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 6.7.2000 whereby the application filed by the petitioner under Section 12 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, has been dismissed by the Rent Control & Eviction Officer.
(2.) IT appears that the petitioner filed an application under Section 12 of the Act to declare the building in question/shops as vacant, which were in the occupation and tenancy of respondents No. 1 and 2. Said respondents on receipt of the notice filed objections contending that there was no vacancy in the shop in dispute. The Rent Control and Eviction Officer also got inspected the shop in dispute through the Rent Control Inspector, who submitted his report. Parties in support of their cases produced evidence, oral and documentary. The Rent Control and Eviction Officer after perusing the material on record held that it was not proved as to when the shop in dispute were constructed. The report of the Rent Control Inspector was also held to be unreliable. Having recorded the said findings, the Rent Control and Eviction Officer dismissed the application filed by the petitioner by judgment and order dated 6.7.2000. Hence, the present petition. Learned counsel for the petitioner submitted that it was the admitted case of the parties that the respondents were in occupation of the shop in dispute since 1982, therefore, there was no justification for the Rent Control and Eviction Officer to hold that the provisions of the Act will have no application inasmuch as on expiry of 10 years from the date of construction, provisions of the Act became applicable to the shops in dispute; according to him counting from 1982, the Act became applicable on the shop in dispute in the year 1992, therefore, the judgment and order passed by the Rent Control and Eviction Officer was liable to be quashed.
(3.) I have considered the submissions made by learned counsel for the petitioner and also perused the record.;