- (1.) S. P. Mehrotra, J. This writ petition has been filed by the petitioner under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 3-1-2003 (Annexure No. 1 to the writ petition ).
(2.) THE dispute relates to an accommodation on the first floor in House No. 235, Topchiwara, Meerut. THE said accommodation has hereinafter been referred to as the "disputed accommodation". From the allegations made in the writ petition, it appears that the vacancy was declared in respect of the disputed accommodation, whereupon, the respondent through his Power of Attorney holder filed a release application under Section 16 (1) (b) of the U. P. Act No. XIII of 1972 (in short "the Act" ). It further appears that by the judgment and order dated 19-3- 1998, the release application filed by the respondent through his Power of Attorney holder was dismissed by the Delegated Authority/a. D. M. (C. S.), Meerut. Copy of the said order dated 19- 3-1998 has been filed as Annexure No. 3 to the writ petition.
(3.) THEREUPON, it appears that the respondent through his Power of Attorney holder filed a revision under Section 18 of the Act against the said order dated 19-3-1998. The said revision was registered as Revision No. 177 of 1998. It further appears that during the pendency of the said revision, the petitioner filed an application dated 7-2-2001 under Order 1 Rule 10 of the Code of Civil Procedure for being impleaded in the said Revision No. 177 of 1998. The said application was supported by an affidavit of the petitioner (Santosh Kumar Gupta ). The petitioner, inter alia, alleged in the said affidavit that the petitioner was in occupation of the ground floor portion of House No. 236, Topchiwara, Meerut; and that the petitioner had filed an application on 8-3-1996 for allotment of the disputed accommodation; and that the disputed accommodation was on the first floor of House No. 235, Topchiwara, Meerut. Copy of the said application dated 7-2-2001 under Order 1 Rule 10 of the Code of Civil Procedure has been filed as Annexure No. 5 to the writ petition.;