- (1.) S. P. Mehrotra, J. This writ petition has been filed under Article 226 of the Constitution of India, inter-alia, praying for quashing the order dated 16-1-2003 (Annexure 9 to the writ petition) passed by the learned Rent Control and Eviction Officer/acm IIIrd, Kanpur Nagar (Respondent No. 1 ).
(2.) THE dispute relates to an accommodation situated on the ground floor of premises No. 108/84-A, Gandhi Nagar, P. Road, Kanpur Nagar. THE said accommodation has, hereinafter, been referred to as "the disputed accommodation". From the allegations made in the writ petition, it appears that the proceedings for declaration of vacancy in respect of the disputed accommodation were initiated on the basis of an intimation of vacancy dated 8-7-2002 (Annexure 7 to the writ petition) given by the landlady (Respondent No. 2) of the disputed accommodation. The report of the Rent Control Inspector was called for. The Rent Control Inspector submitted his report dated 7-8-2002 (Annexure 4 to the writ petition ). Thereupon, notices were issued to the concerned parties.
(3.) OBJECTIONS dated 16-11-2002 were filed on behalf of the petitioner. The petitioner as well as the landlady (Respondent No. 2) filed affidavits and documents in support of their respective cases. By the order dated 16-1-2003, the Rent Control and Eviction Officer/acm IIIrd, Kanpur Nagar declared vacancy in the disputed accommodation under Section 12 (1) (a), Section 12 (1) (b), Section 12 (1) (c), Section 12 (3) and Section 13 of the U. P. Act No. 13 of 1972 (in short "the Act" ).;