- (1.) Heard Sri Ajay Kumar Singh, learned counsel for the petitioner. By means of this writ petition, the petitioner has prayed for issuing a writ of certiorari quashing the orders dated 3.9.2013 passed by the Rent Control and Eviction Officer/Additional District Magistrate (Civil Supply) Varanasi as well as order dated 8.10.2014 passed by the Additional District Judge, Court No. 2, Varanasi. Vide order dated 3.9.2013, application dated 13.9.2012 filed by the respondent, for issuance of Form-C, has been allowed. Whereas by the subsequent order dated 8.10.2014, revision filed by the petitioner, against the order dated 3.9.2013, has been dismissed. This writ petition has been filed with the allegation that the petitioner happens to be tenant of three rooms, including one room on second floor alongwith tin shade and open roof situated in House No. CK-8/8 Mohalla Garhwasi Tola, Coty Varanasi. Seeking release of the accommodation in dispute, the respondent No. 2 had filed an application under Section 21(1)(a) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (Sri Shivji Mahadevji Devtan Virajman v. State of U.P. and others), which was rejected on 28.2.1996 on the ground that no relationship of landlord and tenant exists in between the petitioner and landlady. It is stated that thereafter an application was filed for declaring the vacancy and release of accommodation. The said application was rejected on 22.2.1997. Against that order, the respondent No. 2 had filed Revision No. 89 of 1997, which was allowed on 20.2.1999 by setting aside the order dated 22.2.1997 by the Xth Additional District Judge, Varanasi. It is thereafter, the vacancy was declared on 31.5.1999. Challenging the order declaring the vacancy, the petitioner filed Civil Misc. Writ Petition No. 33751 of 1999. which was dismissed on 16.7.2012. Prior to that, vide order dated 21.8.1999, release application was allowed.
(2.) Thereafter on 13.9.2012, the respondent herein has filed an application for issuing Form-C on the strength of the release order dated 21.8.1999. The aforesaid application was allowed by the learned Additional District Magistrate (Civil Supply) Varanasi vide order dated 16.8.2013. Thereafter vide order dated 3.9.2013, Form-D has also been issued.
(3.) Against the aforesaid order, the petitioner had filed Revision, before the Additional District Judge Varanasi, which was numbered as Revision No. 194 of 2013 (Smt. Uma Devi v. Indrani Sharma), on the ground that the release application filed by the respondent under Section 21(1)(a) was rejected taking note of the fact that the relation-ship of landlord and tenant did not exist in between the parties and concealing this fact, application, seeking declaration of vacancy and release, was filed, which had illegally been allowed. Further the entire proceeding before Rent Control and Eviction Officer was without jurisdiction as the (sic) jurisdiction to proceed with the matter.;