Sudhir Narain, J. - (1.) THE petitioner has sought a writ of certiorari for quashing the order dated 25.5.1995 passed by the Rent Control and Eviction Officer, Moradabad, respondent No. 1 whereby set aside the allotment order in favour of the petitioner and the order directing for delivery of possession to the petitioner and thereafter fixing 26.5.1995 for hearing both the contesting parties. The version of the petitioner is that respondent Nos. 2 to 4 are owners and landlords of the accommodation in question which consists of a big hall known as "Hargu Lal Building". One Smt. Satyawati was its tenant. She died in October 1994 and vacated the accommodation in question. The petitioner applied for its allotment on 14th March 1995. The Rent Control and Eviction Officer directed the Rent Control Inspector to submit a report. The Rent Control Inspector submitted report stating that respondents 2 to 4 are landlords and Smt. Satyawati having died issueless in October 1994 the premises in question can be treated as vacant. The Rent Control and Eviction Officer relying upon the said report notified the vacancy on 29th April 1995. Respondents 2 to 4 are alleged to have filed objection stating that after the death of Smt. Satyawati they are running Sahajyog Ashram and no allotment order can be made. The Rent Control and Eviction Officer rejected the objection of respondents 2 to 4 on 5th May 1995 and by the same order allotted the accommodation in question in favour of the petitioner on the same day. He is alleged to have issued forms 'C' and 'D' for delivery of possession and it is alleged that on 25th May 1995 the petitioner obtained the possession after breaking its lock and the goods which were kept therein were given in the custody of one Subhash Chandra.
(2.) ON 25th May 1995 respondent No. 5 approached the Rent Control and Eviction Officer intimating that the allotment order has been obtained fraudulently as in fact, the property belongs to the deity Sri Shiv Ji Maharaj Virajman Mandir of which he is the Manager, and Sahaj Yog Ashram is being run. On his objection, the Rent Control and Eviction Officer cancelled the allotment order and the possession from the petitioner was taken back and by the impugned order dated 25th May 1995 he fixed the next date i.e. 26th May 1995 for hearing respondent No. 5 and the petitioner. The petitioner has challenged this order in the present writ petition. A counter -affidavit has been filed on behalf of respondent No. 5. In the counter -affidavit, if has been stated that in fact, the property belongs to the deity Shiv Ji Maharaj Birajman Mandir. The property is also recorded in the name of the deity in the Municipal records. One Pt. Ravi Datt Sharma was pujari of the temple. After his death his wife Satyawati was permitted to live in the accommodation and she died in 1994. After her death the three rooms which were in her occupation were demolished and reconverted into a big hall. Smt. Satyawati was never tenant of the disputed accommodation. This hall was being used for religious purposes. The petitioner obtained allotment order by practising fraud without disclosing these facts.
(3.) RESPONDENTS 2 to 4 have filed counter -affidavit. They have asserted that they are owners of this property. It is contended that in the Municipal record their names have been recorded and Smt. Satyawati was their tenant. The petitioner has filed rejoinder affidavit and reiterates the averments made in the writ petition.;