- (1.) RAKESH Tiwari-By means of the instant writ petition, the petitioner has challenged the validity and correctness of the impugned judgment and order dated 18.6.2001 passed by the Rent Control and Eviction Officer, Kanpur Nagar-respondent No. 2 in Rent Control Case No. 184 of 1999 cancelling the allotment order dated 10.9.1996 in favour of the petitioner in respect of house No. 12/36, plot No. 36, Gwaltoli, Kanpur Nagar affirmed by the Special Judge, Kanpur Nagar-respondent No. 1 in Rent Revision No. 43 of 2001 vide judgment and order dated 7.3.2001.
(2.) BRIEFLY stated, facts of the case as disclosed in the writ petition are that the petitioner a resident of Kanpur Nagar, on coming to know that premises No. 12/36, plot No. 36 Gwaltoli, Kanpur Nagar is likely to fall vacant moved an application for allotment of the said premises before the Rent Control and Eviction Officer, Kanpur Nagar. Notices were issued to the concerned parties and a report of Rent Control Inspector was called for who submitted his report dated 13.8.1996, appended as Annexure 1 to the writ petition stating that the accommodation was likely to fall vacant as the sitting tenant was vacating the same. Accordingly, vacancy was declared under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as 'the Act') vide order dated 10.9.1996 passed by the Rent Control and Eviction Officer, Kanpur Nagar, appended as Annexure 2 to the writ petition, which is as under : ...[VERNACULAR TEXT OMMITED]...
(3.) WHEN no objection was filed either by the landlady or by the outgoing tenant, the premises, in dispute was allotted to the petitioner vide order dated 10.9.1996 passed by the Rent Control and Eviction Officer, Kanpur Nagar. The order is as under : ...[VERNACULAR TEXT OMMITED]... On the strength of allotment order dated 10.9.1996, the petitioner got possession over the disputed accommodation vide possession memo appended as Annexure-V to the writ petition.;