- (1.) This writ petition under Article 226 of the Constitution filed by the petitioner is directed against the orders passed by the Rent Control of Eviction Officer and IInd Additional District Judge, Mainpuri.
(2.) Petitioners are owners of premises No. 259/1 and 259/5 situate in mohalla Mohammad Mah, Station Road Shikohabad in the district of Mainpuri. The petitioners let out the premises in dispute to Western U.P. Electric Supply Company Limited (hereinafter referred to as the Company) and it remained in their occupation till it was taken over by U.P. State Electricity Board in pursuance of Ordinance No. 137 of 1975 which was subsequently replaced by an Act No. 14 of 1976. The petitioner moved an application for release of the premises in their favour on the ground that the company having ceased to occupy the premises, there has arisen a deemed vacancy in respect of premises in dispute within the meaning of Section 12 of the U.P. Act No. 13 of 1972. The said application was rejected. The revision preferred against the said order also met with the same fate.
(3.) Learned counsel for the petitioners argued that Clause (b) of sub-section (1) of Section 6 of the Ordinance or sub-section (3) of Section 6-A of the Act does not save the tenancies of the former undertakings whose licence stands revoke under the Act. sub-section (3) of Section 6-A of the Act reads as follows :- "6-A(3) On revocation of the licence under sub-section (2), the following provisions shall have effect, namely :- (a) every undertaking the licence in respect of which stands revoked shall by virtue of this section stand and be deemed to have stood transferred to and vest and be deemed to have vested in the State Electricity Board, hereinafter in this section called 'the Board' free from any debt, mortgage or similar obligation of the licence attaching to the undertaking.";