Sibghat Ullah Khan, J. - (1.) Heard Sri Irfan Khan, learned counsel holding brief of Sri S.M.M. Jafri, learned counsel for the tenant petitioner and Sri S.A.A. Rizvi, learned counsel appearing for landlords respondent nos. 2 and 3.
(2.) Petitioner is tenant of a one room residential accommodation situate in Lucknow. According to learned learned counsel for the petitioner rate of rent is Rs. 100/per month. Landlords respondent nos. 2 & 3 filed release application under Section 16 of U.P. Act No. 13 of 1972 before RC & EO/Additional District Magistrate Ist, Lucknow which was registered as case no.4/34 of 2013. Vacancy was declared on 2.2.2013 on the ground that even though petitioner was residing in the house in dispute as tenant since very long (for about 30 years), however, he was inducted as tenant after 5.7.1976 without any allotment order. Thereafter through order dated 15.3.2013 R- & EO released the accommodation in dispute in favour of the landlords respondents. Thereafter on 18.3.2013 direction for dispossession was issued. All these orders have been challenged through this writ petition.
(3.) Learned counsel for landlords has argued that against allotment order passed under Section 16 of the Act, petitioner has got a right of appeal under Section 18 of the Act. The argument is correct hence accepted. In the appeal which may be filed against the release order dated 15.3.2013, order declaring vacancy dated 2.2.2013 may also be challenged.;