OM PRAKASH NIGAM Vs. RENT CONTROL AND EVICTION OFFICER

LAWS(ALL)-1995-7-164

HIGH COURT OF ALLAHABAD

Decided on July 11,1995

OM PRAKASH NIGAM Appellant

VERSUS

RENT CONTROL AND EVICTION OFFICER Respondents

JUDGEMENT

O.P. Jain, J. - (1.) HEARD learned counsel for the petitioner. This writ petition has been filed against the impugned order, Annexure -7 dated 20.6.95 by which the objection raised by the landlord, to the effect that the Act does not apply to the house in question, has been rejected. The record shows that the vacancy was declared on 19th August, 1994. According to the petitioner he could not file the writ petition against that order because he was not aware of the proceedings. Admittedly the allotment has not been made as yet. As and when allotment is made u/s. 16, the petitioner will have a remedy of revision u/s. 18 of the Act. He will be at liberty to raise the objection before the learned District Judge, that the house was constructed after 26th April 1995 and, the provisions of the Act do not apply. With these observations, the writ petition is disposed of finally.;

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