ANJANI KUMAR,J. - (1.) PETITIONER has challenged the order dated 7 - 10 -1994 whereby the Rent Control and Eviction Officer, Bulandshahar has decided an application purporting to be an application under Section 16 (9) read with Rule 22 (f) of U.P. Act No. 13 of 1972 for fixing the the standard rent of the building on the annual value of Rs. 2,58,000. Prior to the present application filed by the petitioner he had filed an application also in the year 1993. The District Magistrate/Rent Control and Eviction Officer, Bulandshahar has already fixed the rent at Rs. 100 per month by order dated 31 -5 -1993. This order was subject -matter of challenge in the writ petition No. 39261 of 1993 which has been dismissed today by me on the statement made by the learned Counsel for the petitioner that his client does not want to press this writ petition.
(2.) NOW coming to facts of the present case which are hereunder. Admittedly the tenancy of the petitioner was coming down since before 1978 and prior to that rent of Rs. 150 was payable by the tenant -petitioner as agreed rent contemplated under Section 4 of the Act No. 13 of 1972.
(3.) IN this view of the matter, the present application for assessment of the presumptive rent under Section 16 (9) read with Rule 22 (f) of U.P. Act 13 of 1972, in my opinion is not maintainable. Provisions of Section 16 (9) are reproduced below : 16. Allotment and release of vacant building. - (1) Subject to the provisions of the Act, the District Magistrate may by order - (a) require the landlord to let any building which is or has fallen vacant or is about to fall vacant, or a part of such building but not appurtenant land alone, to any person specified in the order (to be called an allotment order); or (b) release the whole or any part of such building, or any land appurtenant thereto, in favour of the landlord (to be called a release order) : (Provided that in the case of a vacancy referred to in sub -section (4) of Section 12, the District Magistrate shall give an opportunity to the landlord or the tenant, as the case may be, of showing that the said section is not attracted to his case before making an order under clause (a).) (9) The District Magistrate shall, while making an order under Clause (a) of sub -section (1), also require the allottee to pay to the landlord an advance, equivalent to - (a) where the building is situated in a hill municipality, one half of the yearly presumptive rent; and (b) in any other case, one month's presumptive rent, and on his failure to make or offer the payment within a week thereof, rescind the allotment order. Explanation. - In this sub -section the expression “presumptive rent” means an amount of rent which the District Magistrate prima facie considers reasonable having regard to the provisions of sub -sections (2) and (2 -A) of Section 9 provided that such amount shall not be less than the amount of rent which was payable by the last tenant, if any.” ;