R.H. Zaidi, J. - (1.) AFFIDAVITS filed by learned counsel for the parties today be taken on record. Heard learned counsel for the parties and also perused the record.
(2.) 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 impugned order dated 5.8.2000 whereby nomination made by the petitioner for allotment of the building in question and the application of Sri Kripa Shanker Singh, Advocate, for allotment, were rejected. From the material on record it is apparent that the option was rightly exercised by the landlord within the time prescribed under law, which was binding upon the Rent Control & Eviction Officer I, Allahabad.
(3.) THE record of the case was summoned from the office of the Rent Control & Eviction Officer. From a perusal of the said record, it is apparent that the vacancy was intimated by the landlord to the Rent Control & Eviction Officer in accordance with law and on the form prescribed for the same, giving all necessary details which were required to be given by the landlord. It is also apparent from the record and is not disputed by the contesting respondent that Sri Kripa Shanker Singh, Advocate, was the first applicant for allotment of the building in question. He was, therefore, entitled to the preference as prescribed under the law in the matter of allotment. The Rent Control & Eviction Officer acted illegally in rejecting his claim. In view of these facts, there was no justification for the Rent Control & Eviction Officer to reject the nomination given by the landlord and to reject the claim of Sir Kripa Shanker Singh, Advocate, for allotment of the building in question.;