- (1.) R. H. Zaidi. J. By means of this peti tion filed under Article 226 of the Con stitution of India, petitioner prays for is suance of a writ, order or direction in the nature of mandamus commanding the Respondent No. 1, the Rent Control and Eviction Officer to drop the proceedings of Case No. 81 of 1998, Siddhan Tiwari v. Sankatha Prasad Chaurasiya, and also for a direction to Respondent No. 1 not to proceed further with the aforesaid case before deciding the application of the petitioner.
(2.) IT appears that the proceedings were initiated on the application filed under Section 16 (l) (b) of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972 ). In the said case the petitioner filed an application praying that the proceedings of Case No. 81 of 1998 be dropped. According to him, the petitioner has already obtained an order from the competent Court in his favour, therefore, there was no justification for Respondent No. 1, to proceed further. Admittedly, the case and the application were pending dis posal before the Rent Control and Eviction Officer. In case the Rent Control and Evic tion Officer is directed to decide the applica tion of the petitioner before proceeding with the case, the same may give rise to multi plicity of the proceeding. In my opinion it will meet the ends of justice if I direct the Rent Control and Eviction Officer to decide the abovenoted case expeditiously. While deciding the case, he shall also deal with the objection raised by the petitioner by means of the application to drop the proceedings of the case. In view of the aforesaid facts, this petition is disposed of finally with a direc tion to Respondent No. 1 to decide Case No. 81 of 1998 expeditiously preferably within a period of two months from the date a certified copy of this order is com municated to him, after following the pro cedure prescribed for the same. While deciding the case finally, the application filed by the petitioner shall also be decided by the Respondent No. 1. Petition disposed of. .;