S.U. Khan, J. - (1.) Heard Sri M. Bhargava learned Counsel for the petitioner and Sri Manu Saxena, learned Counsel appearing for the respondents.
(2.) In the instant writ petition dispute relates to a shop. Rent Control and Eviction Officer, Rampur declared the shop in dispute to be vacant through order dated 12.2.1987 and thereafter it was allotted to the petitioner on 6.3.1987 at the rate of Rs. 100/- per month. According to the learned Counsel for the petitioner, possession was taken by the petitioner immediately after allotment from the previous tenant. Thereafter original landlord-respondent No. 3 (since deceased and substituted by legal representatives) filed a review application under Section 16(5) of U.P. Act No. 13 of 1972. The said application was allowed on 15.12.1988 by the Rent Control and Eviction Officer, Rampur. The said order was passed in case No. 1 of 1988. The review/restoration was allowed on the ground that the order declaring vacancy and allotment were ex parte. The matter was posted for hearing of both the parties. The said order was challenged through Rent Revision No. 4 of 1989. IVth Additional District Judge, Rampur through judgment and order dated 24.7 1989 dismissed the revision and directed the parties to appear before the Rent Control and Eviction Officer on a particular date. The said orders are challenged through this writ petition. This writ petition was dismissed in default on 18.5.2006. Thereafter landlord filed release application before the Rent Control and Eviction Officer, which was allowed ex parte on 28.6.2006. The said order has been annexed as Annexure '4' to the supplementary affidavit filed by the petitioner today.
(3.) In my opinion the matter requires decision by Rent Control and Eviction Officer after hearing both the parties concerned. As far as the impugned orders are concerned there is absolutely no fault therein. However, the order of release passed during the period when this writ petition remained dismissed in default also deserves to be set aside being ex parte and also on the ground that dismissal in default order has been set aside.;