- (1.) S. P. Mehrotra, J. Supplementary affidavit filed today on behalf of the petitioner, be taken on record.
(2.) THE petitioner has filed this writ petition under Article 226 of the Constitution of India, inter alia, praying for quashing the order dated 24-9-2002. (Annexure-9 to the writ petition) passed by the learned Additional District Judge, Court No. 3, Kanpur Nagar (respondent No. 1 ). The dispute relates to a portion in premises No. 119/353, Ram Nagar, Police Station, Fazalganj, Kanpur Nagar. The said portion has, hereinafter, been referred to as "the disputed portion". From the perusal of the allegations made in the writ petition and annexures thereto as well as the supplementary affidavits filed on behalf of the petitioner, it appears that Palakdhari was the tenant in the disputed portion.
(3.) ON an application filed by the petitioner for allotment of the disputed portion, the Rent Control Inspector submitted his report dated 14-8-1998, inter alia, stating that the said Palakdhari could vacate the disputed portion in near future. It further appears that on 16-10-1998, the said Palakdhari gave an affidavit in the proceedings before the Rent Control and Eviction Officer, Kanpur Nagar, inter alia, stating that he was voluntarily vacating the disputed portion, and was going to his village.;