- (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 20th May, 2003 (Annexure 5 to the Writ Petition) passed by the learned IInd Additional District Judge, Kanpur Nagar (Revisional Authority) in so far as, it has rejected the Application (Paper No. 19-C) filed by the petitioner.
(2.) THE dispute relates to an accommodation in House No. 46/127, Badshahi Naka, Kanpur Nagar, the details whereof are given in the allotment order dated 23rd May, 2002 under Section 16 (1) (a) of the U. P. Act No. XIII of 1972 (in short "the Act") referred to hereinafter. THE said accommodation has, hereinafter, been referred to as "the disputed accommodation". From the allegations made in the Writ Petition, it appears that the allotment order dated 23rd May, 2002 under Section 16 (1) (a) of the Act was passed in favour of the petitioner in respect of the disputed accommodation. Copy of the said order dated 23rd May, 2002 has been filed as Annexure 1 to the Writ Petition. It further appears that the respondent/landlord filed a Review Application dated 26th June, 2002, under Section 16 (5) of the Act, inter-alia, praying for setting aside the said allotment order dated 23rd May, 2002. Copy of the said Review Application dated 26th June, 2002 has been filed as Annexure 2 to the Writ Petition.
(3.) IT further appears that subsequent to the filing of the said Review Application, the respondent/landlord also filed a Revision under Section 18 of the Act on 1st July, 2002 against the said order dated 23rd May, 2002. The said Revision was registered as Rent Revision No. 29 of 2002. Copy of the Memorandum of Revision of the said Revision has been filed as Annexure 3 to the Writ Petition. It further appears that during the pendency of the said Revision, an Application (Paper No. 19-C) dated 6-2-2003 was filed on behalf of the petitioner, inter-alia, praying for dismissing the said Rent Revision as not maintainable on the ground that the respondent/landlord had already filed a Review Application under Section 16 (5) of the Act, which was still pending, and the said Rent Revision was a subsequent proceeding against the same allotment order. Copy of the said Application (Paper No. 19-C) dated 6-2-2003 has been filed as Annexure 4 to the Writ Petition.;