- (1.) Heard Sri Ram Niwas Singh, Advocate for petitioner, learned Standing Counsel for respondents no. 1 and 2 and Sri Ajai Kumar Singh, Advocate for respondent no. 3. None is present on behalf of respondents no. 4, 5 and 6 though name of Sri R.K. Kannojia, Advocate has been shown in the cause list.
(2.) The petitioner is aggrieved by the order dated 04.02.2008 (Annexure-6 to the writ petition) passed by Rent Control and Eviction Officer, Varanasi (hereinafter referred to as the "RCEO") in purported exercise of power under Section 16(1)(a) of U.P. Urban Building (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the "Act, 1972") allotting the premises in question, namely, a shop situated at ground floor of House No. D 17/142 to Sri Mahendra Srivastava son of Sri Dau Dayal Srivastava, resident of House No. D-36/19-A, August Kunda, Varanasi; the order dated 16.11.2009 (Annexure-2 to the writ petition) rejecting petitioner's application seeking restoration of premises to him by setting aside the order dated 04.02.2008; and, the revisional order dated 28.05.2010 passed by Additional District Judge, Court No. 11, Varanasi dismissing revision preferred by petitioner.
(3.) The case set up by petitioner as evident from his pleadings in writ petition is that House No. D-17/142 is owned by Sri Sunil Krishna Ghosh and others residing at Calcutta and they are the landlords. A power of attorney was executed by owners in favour of Sri Gorakh Nath Sharma son of Sri Aditya Sharma, resident of D-32/84, Pataleshwar, Bengali Tola, Varanasi City. In the premises in dispute one Sri Bharat Lal Kasera was the tenant and thereafter petitioner got tenancy rights. One Sri Niwaran Chandra Chatterji filed Suit No. 224 of 1978 seeking declaration of ownership in respect to property in dispute on the basis of adverse possession. An ex parte decree was passed in his favour on 28.10.1980. Based on the said decree, mutation in municipal records was made entering his name as owner of property in dispute. Thereafter Sri Rajendra Ghosh and others filed restoration application against ex parte decree dated 28.10.1980 which was registered as Misc. Case No. 155 of 1983 and allowed by trial court's order dated 01.10.1985. The ex parte decree dated 28.10.1980 accordingly was set aside. Sri Niwaran Chandra Chatterji filed Revision No. 829 of 1985 before this Court but it was dismissed on 18.08.1999. Even a review application was rejected. The aforesaid suit ultimately was dismissed for want of prosecution on 17.07.2000 and a restoration application filed by plaintiff, Niwaran Chandra Chatterji is still pending.;