Sudhir Agarwal, J. - (1.) Heard Sri M.B. Lal, Advocate, for petitioner and perused the record.
(2.) Writ petition is directed against the order of allotment passed by Rent Control And Eviction Officer, Kanpur Nagar (hereinafter referred to as "RCEO") on 20.3.1993 in respect to ground floor accommodation consisting of two rooms, Angan, Latrine Bathroom and Verandah of House No. G-28, Shanti Nagar, and Revisional Court's order dated 19.12.1998 whereby petitioners' Revisions No. 129 of 1994 against the order dated 20.3.1993 has been rejected.
(3.) Learned counsel for petitioner submitted that accommodation in question was already released in an application filed under Section 20 (1) (a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") by erstwhile owner/landlord namely Smt. Triveni Kunwar, wife of Sri Sooraj Prasad Dwivedi by Prescribed Authority/5th Addl. Civil Judge, Kanpur Nagar by judgment dated 31.10.1986 passed in Rent Case No. 67 of 1984 and the said order attained finality, but, without looking into this aspect of the matter, the same accommodation has now been declared vacant and allotted by RCEO, which is wholly impermissible in law, and, therefore, impugned orders are illegal and liable to be set aside.;