TARUN AGARWALA, J. - (1.) BY means of this petition, the petitioner has challenged the order of the Rent Control and Eviction Officer declaring the vacancy in the premises in question as well as the order of the Rent Control and Eviction Officer rejecting the release application of the petitioner under Section 16(1)(b) of the Act and also the revisional order. The facts leading to the filing of the writ petition is that the property in question is owned by a charitable trust known as “Thakur Radhendra Kishore Ji Maharaj Birajman,” Tikari, Raj Mandir, Gyan Gudri, Brindaban. The said property is being managed by its trustee Smt. Rani Umeshwari Kunwarji.
(2.) IT transpires that the respondent No. 3 moved an application under Section 16 of the Act praying that the ground floor of the premises of the temple be allotted in his favour. The said application was also accompanied by a letter of Smt. Rani, the trustee, allegedly giving her consent for the allotment of the premises in favour of respondent No. 3. The said letter also stated that the premises was never allotted to earlier any other person and that the allotment would be made for the first time. Based on the said application, the Rent Control and Eviction Officer called for a report. It transpires that the Inspector made a visit to the premises in question and found the premises locked. The Rent Control and Eviction Officer, thereafter, issued notices to the petitioner who filed the objections on an affidavit stating therein that there was no vacancy in the premises in question and that the trustee had never given any consent to respondent No. 3 for allotment. The petitioner submitted that the letter given by the trustee was a forged document obtained surruptiously by respondent No. 3.
(3.) INSPITE of filing the objections, the Rent Control and Eviction Officer by its order dated 11 -1 -1983 declared the vacancy in the premises in question and invited applications for allotment. The petitioner by way of abundant precaution filed an application under Section 16(1)(b) of the Act for the release of the premises in question. The said application was rejected by an order dated 7 -9 -1983 passed by the Rent Control and Eviction Officer. The petitioner preferred a revision under Section 18 of the Act, which was also rejected by the revisional Court by an order dated 7 -8 -1986. The petitioner has now filed the present writ petition assailing the correctness of the aforesaid orders passed by the Rent Control and Eviction Officer and the revisional Court.;