M.P. Singh, J. - (1.) IS it open to the petitioner to challenge the order declaring vacancy on the ground that there was neither any vacancy nor any likelihood of the vacancy to occur, as he was in occupation as a tenant, when he himself moved an application far allotment of the accommodation on the ground that it was vacant? No.
(2.) ONCE an order declaring vacancy has become final and subsequently the premises has been released in favour of the landlord, can the petitioner challenge the said order of release under Section 16 of the U.P. Act No. XIII of 1972 (Hereinafter referred to as the Act) on the ground that since there was no vacancy the order of release could not have been validly passed? No. Certainly not. This writ petition is direct against the order dated 8 -L -1992 dismissing petitioner's revision filed against the order dated - 5 -4 -1992 passed by the Rent Control & Eviction Officer (in short R.C.E.O.) releasing the accommodation in favour of the landlord -opposite party No. 3. FACTS
(3.) THE petitioner filed an application for allotment on 24 -1 -1979. The Rent Control Inspector submitted his report "on 11th April. The vacancy was declared on 18 -10 -1979. The petitioner who was said to be in occupation, was heard before the order was passed.;