Devendra Kumar Upadhyaya, J. - (1.) Heard Sri Ravi Shanker Tiwari, learned counsel for petitioner and Sri Alok Kumar Sinha, learned counsel representing respondent no.2.
(2.) In these proceedings under Article 227 of the Constitution of India, the petitioner has challenged the validity of preliminary order dated 22.04.2015, passed by the Rent Control and Eviction Officer/Additional City Magistrate-VI, Lucknow whereby the vacancy has been declared in respect of a shop, admeasuring 10 x 18 sq. fts, situated in House no.291/10kha/1, Lakshman Nagar, Talkatora Main Road, Lucknow.
(3.) Admittedly, the respondent no.2 is the landlord of the premises in question which was earlier in the tenancy of one Ramjan Ali who used to do business of selling ready made garments prior to his death. The earlier tenant Ramjan Ali died on 14.01.2013 whereupon an application was moved by respondent no.2 under Section 12/16 of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for declaring the shop to be vacant.;