- (1.) Since both the writ petitions arise out of the same order hence for the sake of convenience both the writ petitions are being taken together for disposal.
(2.) The short question involved in this writ petition is as to whether the Rent Control and Eviction Officer can decide the release application of the landlord and the allotment application filed on behalf of the prospective allottee together by passing a composite order.
(3.) The premises in dispute in this writ petition is House No.770 Kalyani Devi Civil Lines, Unnao. The admitted fact is that a part of the aforesaid house comprising of three rooms; one veranda and a bath room was in the tenancy of Mahila Uddami Parishad, Unnao. On vacation of the aforesaid premises by Maliha Uddami Parishad the landlord moved an application for release under Section 16(1)(b) of U.P. Act No. 13 of 1972 on the ground that the premises has fallen vacant. The Rent Control Inspector visited the disputed premises and submitted his report. The learned Rent Control and Eviction Officer by 31.7.1995 declared the vacancy in respect of the aforesaid disputed premises.;