- (1.) Heard learned counsel for the petitioners and learned Standing Counsel for respondent No1. The petitioners claim to be owner of house No. 3/1, Gatta Mill Colony, Ambala Road, Sahranpur which is presently occupied by Smt. Harvinder Kaur wife of Late Sardar Prithvi Pal Singh/respondent No.2. It appears that an application for intimation of vacancy was filed by respondent No.3 before the Rent Control & Eviction Officer stating therein that the sitting tenant of the flat i.e. respondent No.2 is going to vacate the house in question and she in connivance with respondent No. 4 is going to hand over the possession of the house without there being any allotment order. Submission of the learned counsel for the petitioners is that the vacancy was intimated by an application for allotment given by respondent No. 3 before the Rent Control and Eviction Officer, Saharanpur. However, till date, even the said application has not been registered by respondent No.1. No notice has been issued to the petitioners nor to respondent no.2. The petitioners came to know from their own resources about this and are under a reasonable apprehension that the allotment application is nothing but an attempt by respondent No.4 to grab the house in question.
(2.) Learned counsel for the petitioners has invited attention of the Court to paragraph 29 of the writ petition wherein details of three flats stated to have been illegally occupied by respondent No.4 have been given. He has further invited attention to the notice given by petitioner no.1 to the sitting tenant of flat No. 49/13 Gatta Mill Colony, Saharanpur. A copy of the notice dated 31.5.2015 has been appended as annexure 9 to the writ petition and finds place at page 55 of the writ petition. Learned counsel for the petitioner has further invited attention of the court to page 57 of the writ petition which is the reply given by respondent No.4 namely Saheb Singh Saini. The said reply has been given on behalf of Smt. Sulochna Devi wife of Late Sri Vijay Jain stating therein that the undersigned did not commit any default to pay the rent of flat No. 49/13 in the name of Sulochna Devi. Learned counsel for the petitioners submits that the petitioners only want that the house i.e. flat No. 3/1, Gatta Mill Colony be allotted in accordance with law by the Rent Control and Eviction Officer. He further submits that a direction be given to the Rent Control and Eviction Officer to proceed with the allotment proceedings in accordance with the provisions of U.P. Act No. XIII of 1972 and till the allotment order is passed, the Rent Control and Eviction Officer shall ensure that no third party may occupy the said flat.
(3.) Considering the submission of learned counsel for the petitioners and having perused the record, in order to meet the ends of justice, the writ petition is bing disposed of with the following directions:- 1) The petitioners shall make an application raising all their grievances before the Rent Control and Eviction Officer,Additional District Magistrate (Administration), Saharanpur within a period of one week alongwith certified copy of this order. 2) The Rent Control and Eviction Officer shall proceed for allotment of the premises i.e. flat No. 3/1, Gatta Mill Colony,Ambala Road, Saharanpur in question after declaring the vacancy after putting notice to the sitting tenant. 3) An expeditious decision in accordance with law shall be taken within a period of two months from the date of submission of the application by the petitioners. 4) It is further directed that that the Rent Control and Eviction Officer/ADM(Administration), Saharanpur shall ensure that the flat in question will not be occupied by any third person except the sitting tenant i.e. respondent No.2 till an allotment order is passed after declaration of vacancy in accordance with law..;