R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of writ, order or direction in the nature of certiorari quashing the orders dated 12.9.2000 and 16.9.2000 passed by the Rent Control and Eviction Officer, Kanpur Nagar whereby the shop in dispute was declared vacant.
(2.) It appears that allotment/release proceedings were initiated under the U.P. Urban, Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) for short the Act, on the application of one Surendra Chand Pal. The Rent Control Inspector was asked to make local inspection and submit his report, which was submitted on 25.1.2000. The petitioner filed an objection against the report submitted by the Rent Control Inspector and claimed that there was no vacancy in the shop in dispute as he was in occupation of the same with the Determission of the landlord.
(3.) The Rent Control and Eviction Officer after perusing the material on the record held that : 4. The aforesaid findings recorded by the respondent No. 1 is quite correct and does not suffer from any error of law. Learned Counsel for the petitioner failed to show from the material on the record that the petitioner was a lawful occupant of the shop in dispute. The occupation of the petitioner was in contravention to the provisions of Sections 11 and 13 of the Act. The Rent Control and Eviction Officer. Therefore, taking into consideration provisions of Section 12 of the Act, rightly held that the shop in dispute was deemed vacant. 5. So far as the release of the shop in dispute is concerned it is well settled in law that in the proceedings before the Rent Control and Eviction Officer/District Magistrate, the prospective allottee or an unauthorised occupant, has got no right to intervene in the same. The petitioner, who is unauthorised occupant of the shop in dispute, had no right to object to release of the shop in dispute in favour of the landlord. 6. I do not find any illegality or infirmity in the orders passed by the authorities below. No case for interference under Article 226 of the Constitution of India, is made out. 7. In view of the aforesaid, discussions, the present petition fails and is hereby/dismissed. Petition dismissed.;