- (1.) A. K. Yog, J. Petitioner has come up before this Court by filing petition under Article 226, Constitution of India being ag grieved against order dated May 2, 2000 (Annexure 7 to the writ petition) passed by Respondent No. 1, Rent Control and Evic tion Officer, Meerut (Delegated Authority appointed under U. P. Act No. XIII of 1972 called 'the Act') whereby vacancy has been declared on the basis of Rent Control Inspector's report dated 9-8-1996 (An nexure 1 to the writ petition ).
(2.) PERUSAL of the report does not indi cate that any of the ingredients under Section 12 of the Act has been satisfied. Order declaring 'vacancy' prima facie appears to be erroneous and suffers from error ap parent on the face of record. I have heard Sri Rajesh Tandon learned Counsel for the petitioners. Sri K. M. Dayal, Senior Advocate, assisted by Sri Ram Singh, Advocate appearing on behalf of Respondent Nos. 3 and 4 and Sri P. K. Jain, Advocate on behalf of Respon-clentno. 2. Learned Counsel for the respon dents argued that opposite party had led evidence to indicate that accommodation was being used for non-residential purpose and that the petitioners had entered into an agreement for purchase of another accom modation. The Rent Control Inspector did not inspect the alleged accommodation No. K-3/380 land the Delegated Authority did not advert to the aspect whether petitioner had acquired the house and if so in what capacity. Even otherwise the Delegated Authority ought to have considered whether acquisi tion of another accommodation had, in law, the consequence of 'deemed vacancy' with respect to me accommodation in dispute under Section 12 of the Act.
(3.) IN absence of requisite finding on relevant issues (as also conceded by Senior Advocate Sri K. M. Dayal) and the report of Rent Control INspector being silent with respect in the relevant aspects, there was no quest ion of 'deemed vacancy' under Section 12ol the Act. Accordingly the impugned order dated 2-5-2000 (Annexure 7 to the writ petition) cannot he sustained. It is accord ingly, set aside with direction to the Delegated Authority/respondent No. 1, to call for fresh report under Rule 8 of the Act and decide the matter afresh after hearing the parties in accordance with law.;