Anjani Kumar J. - (1.) HEARD learned counsel for the petitioner.
(2.) SINCE counter and rejoinder -affidavits have been exchanged the matter is being decided on merits, The petitioner -landlord, aggrieved by an order passed by the Additional District Judge, Court No. 5, Varanasi in Rent Control Revision No. 7 of 2003 dated 13th November 2003, has approached this Court by means of this writ petition under Article 226 of the Constitution of India. The facts leading to filing of the aforesaid revision are that respondents 2 to 5 are the heirs of Dhanni Prasad against whom an application was filed before the Rent Control and Eviction Officer that the accommodation in dispute, which is in the occupation of respondents, should be declared vacant as the respondents are unauthorised occupants. The Rent Control and Eviction Officer after considering the respective case of the parties has arrived at a conclusion that there is vacancy of the accommodation in question under Section 12 of the U.P. Act No. 13 of 1972 and therefore the occupation of the respondents in this writ petition is that of unauthorised occupants. The respondents preferred a writ petition being Writ Petition No. 27678 of 2001 before this Court which has been decided by this Court by its order dated 1st August, 2002. This Court has been pleased to observe as under : "In absence of proof of occupation since 1974, the occupation of the petitioner must be held unauthorised. The vacancy has been rightly declared. In view of the above, the writ petition is dismissed. However, since petitioners are the widow and children of the deceased occupant and it has been stated that release order has already been passed, therefore, three months time is allowed to the petitioners to vacate the premises."
(3.) IT appears that the respondents also filed a revision under Section 18 of U. P. Act No. 13 of 1972 before respondent No. 1 who, as stated above, has decided the aforesaid revision by means of order impugned in the present writ petition. The operative portion of the order of the revisional court runs as under : "This revision is dismissed. The order of the court below dated 2nd August, 2001, releasing the accommodation in question in favour of the landlord is set aside in view of the decision of this Court in Jagdish v. District Judge, Kanpur Nagar and Ors. ";