Anjani Kumar, J. - (1.) The petitioners, who assert themselves to be tenant of the portion of the accommodation in question, by means of present writ petition under Article 226 of the Constitution of India, challenge the order dated 24th May, 2005, passed by the Rent Control and Eviction Officer, Varanasi, copy whereof is annexed as Annexure-'1' to the writ petition, whereby the Rent Control and Eviction Officer has declared the vacancy in the accommodation in question under the provisions of the U.P. Act No. XIII of 1972, here-in-after referred to as 'the Act'.
(2.) The petitioners filed an application with the prayer that since the accommodation in question is covered by the exemption clause of Section 2 (1) (b) of 'the Act', therefore, the same is exempted from the operation of the provisions of 'the Act'. The Rent Control and Eviction Officer vide order dated 19th April, 2005 rejected the aforesaid application filed by the petitioners, copy whereof is annexed as Annexure-'8' to the writ petition. The aforesaid order has been passed during the pendency of the proceedings under Section 16 (1) (b) of the Act for declaration of vacancy in the accommodation in question. Thereafter, the Rent Control and Eviction Officer vide order dated 24th May, 2005, has held that there is vacancy in the accommodation in question and directed the vacancy to be notified in accordance with the provisions of the Act'.
(3.) Heard learned Counsel appearing on behalf of the parties.;