Devi Prasad Singh, J. - (1.) WE have heard Dr. R.K. Srivastava, learned Counsel for the petitioner and Sri S.S. Chauhan, learned Counsel for the respondent Lucknow Nagar Nigam, Sri Shishir Chandra, learned Counsel for the private respondent and the learned standing counsel.
(2.) THE dispute giving rise to the present writ petition under Article of the Constitution of India, relates to allotment/regularisation of Shop No. 22 situate at Bhopal House in City of Lucknow belonging to Nagar Mahapalika, Lucknow, (now Lucknow Nagar Nigam, Lucknow. It has been admitted at bar that the original allottee of the shop in question, was one Sri K.K. Sethi who left for abroad some time in the year 1991. However, it has been stated by the petitioner's counsel that Sri K.K. Sethi paid rent of the premises in question, upto the year 1995. The husband of the private respondent No. 4, Sri Vindhyachal Pandey, an Inspector in U.P. Police, while fighting with the dacoits, was killed in the encounter. He was honoured by the State Government with posthumous award. On account of death of her husband, the respondent No. 4 moved an application for allotment of a shop. The application was moved on 28.7.1991 before the Nagar Mahapalika as it then was. The General Body of the Nagar Mahapalika on 20.6.1992, resolved that the shop in question, may be allotted in favour of the respondent No. 4 and since Sri K.K. Sethi had abandoned the shop, the allotment in his favour, may be cancelled. A show cause notice dated 17.8.2002 was sent to the original allottee Sri K.K. Sethi for cancelling the tenancy existing in favour of Sri K.K. Sethi. Thereafter, on account of non -reply to the show cause notice dated 17.8.2002, by the order dated 16.9.2002, contained in Annexure No. 8 to the writ petition, passed by the Mukhya Nagar Adhikari, Lucknow Nagar Nigam, the tenancy of Sri K.K. Sethi, was cancelled. On the same day, another order dated 16.9.2002(contained in Annexure No. A -3 to the affidavit in support of the application for impleadment moved on behalf of the respondent No. 4), was passed by the Mukhya Nagar Adhikari, in terms of the resolution of the General Body dated 20.6.2002, informing the respondent No. 4 that by the order dated 26.8.2002 passed by the Nagar Pramukh, the shop in question, was allotted in favour of the respondent No. 4.
(3.) THE petitioner filed Writ Petition No. 5520 (M/B) of 2002 in this Court which was dismissed as prematured. However, the petitioner later on, filed Writ Petition No. 5703 (M/B) of 2002 against the allotment order passed in favour of the respondent No. 4. The writ petition was heard by a Division Bench of this Court and the Division Bench directed the Mukhya Nagar Adhikari, to decide the controversy. The operative portion of the order dated 19.9.2002 passed by the Division Bench of this Court, is reproduced as under: Considering the facts and circumstances of the case, we direct the opposite parties to consider the case of the petitioner for regularisation of his unauthorized possession in the shop in question as per the rules and the scheme after affording him opportunity. We do not quash the impugned order as it does not relate to the petitioner as the same is with respect to Sri K.K. Sethi, but direct that the impugned order shall not be implemented against the petitioner till his matter regarding regularization of tenancy is considered and finalized. The petitioner shall appear before the Mukhya Nagar Adhikari alongwith the certified copy of the order within a period of 15 days from today. It would be appropriate for the Mukhya Nagar Adhikari that after receipt of the copy of this order to fix a date requiring the petitioner to appear for considering his case for regularisation of his unauthorized occupation after affording him an opportunity. On which date so fixed the petitioner will appear alongwith the entire documents, which he wants to rely. This entire process shall be done within a period of two months from the date of receipt of the certified copy of the order. The writ petition stands disposed of accordingly.;