- (1.) S. P. Mehrotra, J. This writ petition under Article 226 of the Constitution of India has been filed by the petitioner, inter alia, praying for quashing the order dated 23rd July, 2003 (Annexure-3 to the writ petition) passed by the District Supply Officer/delegated Authority, Meerut and the order dated 7th August, 2003 (Annexure-5 to the writ petition) passed by the learned District Judge, Meerut.
(2.) THE dispute relates to an accommodation in House No. 469 situated in New Govindpuri, Kankerkhera, Meerut Cant, 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 respondent No. 3 filed an application dated 19-1-2001 under Section 16 read with Section 12 of the U. P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U. P. Act No. XIII of 1972) (in short "the Act"), inter alia, praying for release of the disputed accommodation in favour of the respondent No. 3. A copy of the said application dated 19-1- 2001 has been filed as Annexure-1 to the writ petition. It further appears that a report was called for from the Rent Control Inspector. The Rent Control Inspector submitted his report, a copy whereof is annexed as Annexure-4 to the writ petition.
(3.) IT further appears that the affidavits and documents were filed by the respondent No. 3 and the petitioner in support of their respective cases. The District Supply Officer/delegated Authority, Meerut by the order dated 1-7-2003, inter alia, declared that there was deemed vacancy in the disputed accommodation. It was, inter alia, held that the petitioner was in occupation of the disputed accommodation since 1989, and further, the petitioner had acquired his own house in Mohalla Chowk, Kankerkhera, Meerut. A copy of the said order dated 1-7- 2003 has been filled as Annexure-2 to the writ petition.;