MAHENDRA DAYAL, J. - (1.) THE petitioner by way of the instant writ petition has assailed the order dated 16.04.2001 passed by Rent Control and Eviction Officer (City Magistrate), Lucknow whereby the premises in dispute was released in favour of the opposite party no.3. The petitioner has also assailed the judgment and order dated 07.02.2002 passed by VIIIth Additional District Judge, Lucknow whereby the revision filed against the aforesaid release order was dismissed.
(2.) THE brief facts giving rise to the instant writ petition are that that opposite party no.3, namely, Mohd. Ahmad filed an application under Section 16 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Act No.13 of 1972) for release of the premises in dispute which was under occupation of Shri Dharam Dev Sharma as tenant. The learned Prescribed Authority obtained the report of the Rent Control Inspector, who submitted his report that Shri Dharam Dev Sharma, who was tenant in one of the portions of the premises in dispute, had shifted to Delhi and the disputed premises was locked. On submission of the report by the Rent Control Inspector, notices were issued to the concerned parties and on 01.01.2001, the premises in dispute was declared vacant. After the declaration of the vacancy, notice was again issued to the concerned parties and the petitioner on getting the notice filed a release application on 04.04.2001. However, it appears that the learned Prescribed Authority assuming that there was no contest, allowed the release application of the opposite party no.3 by the impugned order dated 16.04.2001 and released the premises under the occupation of Shri Dharam Dev Sharma in favour of the opposite party no.3.
(3.) FEELING aggrieved by the aforesaid order of release, the petitioner filed revision under Section 18 of the Act before the District Judge, Lucknow which was heard and disposed of by the VIIIth Additional District Judge, Lucknow, who dismissed the revision. I have heard Shri N.N. Jaiswal, learned counsel for the petitioner, learned standing counsel, who has accepted notice on behalf of opposite parties no.1 and 2 and Shri R.P.Sharma, learned counsel appearing on behalf of the opposite parties no.3 and 4.;