Sudhir Chandra Verma, J. - (1.) IN the present petition the order of remand dated 24 -11 -1990 passed by the 1st Additional District Judge, Varanasi in proceedings under Section 16 of the U.P. Act 13 of 1972 has been challenged. The disputed house bearing No. 9/229 Nabhipura, Chetganj, Varanasi was declared to be vacant being in unauthorised occupation of one Sri Ravi Prakash Gupta. The landlord moved an application on 1 -4 -1982 under Section 16(1)(b) for the release of the shop on the ground that he requires the shop to start general merchandise business.
(2.) THE petitioner had also applied for the allotment of the disputed shop. The Rent Control and Eviction Officer by order dated 5 -12 -1983 dismissed the application of the landlord under Section 16(1)(b) of the Act and held that the disputed building has two portions and on the ground floor there are two shops and some rooms and on the first floor there are five rooms. The landlord can conveniently run the business in the other portion of the building and he does not require the disputed shop and there is no necessity of the disputed shop for establishment of the business. The learned Rent Control and Eviction Officer by the same order considered the allotment application of the petitioner and he being the sole contesting applicant as also being in possession of the shop, the shop was allotted in his favour.
(3.) THE landlord preferred two revisions. Both the revisions were consolidated and disposed of by a common order. The learned I Additional District Judge, Varanasi rightly held that the release application of the landlord and the allotment application of the prospective tenant should not have been simultaneously considered and decided by a common order. It was further held that the Rent Control and Eviction Officer committed material irregularity allowing the prospective allottee to file objections against the release application of the landlord. It has also been held that the release application of the landlord should be considered first independently and thereafter the application for allotment could be considered The learned District Judge while considering the order of allotment in favour of the petitioner held that Ravi Prakash Gupta took forcible possession of the shop and was an unauthorised occupant and as such his applicant for allotment does not deserve to be considered. The order of the Rent Control and Eviction Officer was set aside and the case was remanded with a direction to separately register the cases and dispose of the release and allotment application in accordance with law.;