- (1.) Affidavit having been exchanged between the parties, the petition is being finally disposed of after hearing the learned counsel for both sides in accordance with rules of the Court.
(2.) The petitioner No. 1 Bechan Prasad is the landlord of House No. CK-39/8 Dalmandi, Varanasi, Banarasi Lal and Mangal Prasad, the petitioner Nos. 2 and 3 are occupants of the Ist and IInd floor portion of the said premises. One Smt. Sita Devi a dancing girl, was tenant of the premises in question (Ist and IInd floor). According to the petitioners she was forcibly ousted by the police in their drive to evict dancing girl from the said locality. On the report of the police, the R.C. & E.O. without following due process of law, allotted the said premises on 17.5.1972 to the respondent No. 3. However, the landlord again put back Sita Devi in occupation of the said premises.
(3.) Subsequently application was moved by the landlord and Sita Devi to cancel the said allotment order, whereas the respondent No. 3 moved an application to the R.C. & E.O. to restore the possession to him. R.C. & E.O. by his order dated 29.9.1972 declined to cancel the allotment order and also rejected the prayer of respondent No. 3 for restoration of possession on the ground that once the allottee came into possession of the allotted premises the allotment order stood exhausted and against subsequent dispossession, the petitioner could not approach R.C. &. E.O. rather had his remedy before the Civil Court. In appeal the District Judge declined to interfere.;