MAHAVEER PRASADE KAMALIA Vs. RENT CONTROL AND EVICTION OFFICER, MAHARAJGANJ
LAWS(ALL)-2014-1-167
HIGH COURT OF ALLAHABAD
Decided on January 07,2014

Mahaveer Prasade Kamalia Appellant
VERSUS
Rent Control And Eviction Officer, Maharajganj Respondents

JUDGEMENT

- (1.) Heard Sri Rakesh Kumar Gupta, learned counsel for the petitioner and Sri A.K.Bajpai, learned counsel for the respondent no.3.
(2.) This writ petition is directed against order dated 3.6.1993 passed by Rent Control and Eviction Officer, Maharajganj (hereinafter referred to as "RCEO") declaring vacancy of house in dispute situated at Nautanwa Bazar, Maharajganj , which is admittedly owned by petitioner.
(3.) The contention is that impugned order has been passed without serving any notice upon landlord-petitioner and therefore, is patently illegal. It is, however, pointed out that RCEO made allotment of accommodation in question in favour of respondent no.3 vide order dated 23.6.1993 and in these circumstances, petitioner preferred revision challenging order of allotment before District Judge, Maharajganj, which was registered as Civil Revision No.13 of 1993 and has been allowed vide order dated 10.09.2013 setting aside allotment order dated 23.06.1993 rendering relief no.(b) in this writ petition infructuous. However, so far as order of declaration of vacancy is concerned, the same still continues. The question is, whether the said order has been passed correctly or not.;


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