Sudhir Agarwal, J. - (1.) LIST revised. None appeared on behalf of petitioner. However, I have perused the record. This writ petition is directed against the order dated 30.7.2003 passed by Additional District Judge, Court No. 1, Varanasi.
(2.) THE dispute relates to shop situate in premises No. B8/98 Bada Gambhir Singh, Police Station Bhelupur, Varanasi of which the petitioner, Smt. Shefali Chatterji wife of late Kartik Kumar Chatterji is the landlady and respondent No. 2, Sri Om Prakash Tewari is the tenant since 1990. The petitioner filed an application under Section 12 read with Section 16(1)(b) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") for release of shop in question alleging that respondent No. 2 was let out the premises only for 11 months and after expiry of said period in August, 1991 he ceased to be a legal occupant thereof and, therefore, is liable to be ejected. Since petitioner needs the accommodation in question for settling her daughter -in -law by commencing a business by converting some part of house in question in commercial accommodation, therefore, it should be released in her favour.
(3.) THE application was registered as Case No. 84 of 1991. The Rent Control and Eviction Officer/Additional District Magistrate (Civil Supply), Varanasi (hereinafter referred to as the "RCEO") declared accommodation in question vacant by its order dated 28.5.1994 and directed for notification of vacancy for further proceedings for allotment. Subsequently vide order dated 11.4.1996 the petitioner's application for release of accommodation in question was allowed and it was released in her favour by RCEO.;