Sudhir Agarwal, J. - (1.) -Heard Sri M.K. Pandey, Advocate, holding brief of Sri Sikandar Raza, Advocate for petitioner, Sri A.K. Banerji, Advocate, holding brief of Sri M.K. Misra, Advocate, appearing for respondent no. 2 and Sri U.C. Kesarwani, Advocate, holding brief of Sri Nameet Srivastava, Advocate, for respondents 3 and 4.
(2.) The dispute relates to shop no. 584/3 situate at Mohalla Mohammad Zai, Shahjahanpur of which respondents 3 and 4 are landlord. Respondent no. 2, claiming that the shop in question is vacant, filed an application for allotment thereof whereupon proceedings under Section 12 and 16 of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") were initiated by Rent Control and Eviction Officer, Shahjahanpur (hereinafter referred to as "RCEO"). The shop was inspected by Rent Control Inspector, Shahjahanpur (hereinafter referred to as "RCI") and he submitted report on 12.5.2004 (Annexure 4 to the writ petition) wherein he said to have visited premises on 16.4.2004 when the shop was found open with a sign board in the name and title of "Perfect Engineer" and some furniture etc. were found. Polytechnic certificate in the name of Amir Khursheed, petitioner, was also found by him in the shop in question who was said to be working there as a Draftsman Engineer. He (RCI) also mentioned that respondent no. 2, who was also present at the time of inspection, stated that he was in service of O.C.F.
(3.) Petitioner filed an objection dated 19.11.2004 against allotment application before RCEO, a copy whereof has been filed as Annexure 5 to writ petition, wherein he reiterated that shop in question is under his tenancy and he is occupying the same and the same is not vacant. The RCEO, however, passed impugned order dated 2.12.2004 observing since respondent no. 2 has stated that shop in question is vacant and petitioner has another shop in Mohalla Lal Imli, Shahjahanpur, therefore, it is a reliable evidence. Thereupon he inferred that the shop in question is vacant, and, passed the order accordingly. Petitioner thereupon preferred Revision No. 76 of 2004 which has been dismissed by Revisional Court vide judgment dated 23.12.2004.;