Prakash Krishna, J. - (1.) HEARD Shri Aroop Banerjee, learned Counsel for the petitioner. None is present on behalf of the contesting -respondents even in the revised list. The present writ petition is directed against the order dated 21.3.1996 passed by the City Magistrate/Rent Control and Eviction Officer, Varanasi in Case No. 313 of 1995 declaring the house number D -35/103 situate in Jangambari, Varanasi as vacant. The said house was declared vacant on the application filed by the contesting -respondents No. 2 and on the basis of report of Rent Control Inspector.
(2.) FEELING aggrieved, by the impugned order declaring the vacancy the present writ petition has been filed. The contention of the learned Counsel for the petitioner is that the Rent Control and Eviction Officer has committed illegality in declaring the house as vacant without affording any appropriate opportunity of hearing to any of the landlords. From a bare perusal of the impugned order it is clear that no notice was issued to any of the landlords. It is mentioned therein that it was not necessary to issue any notice to any of the landlords as the co -landlord Kali Das Dhara has put in appearance and files his Vakalatnama.
(3.) CONTROVERTING the said submission as contained in the impugned order learned Counsel for the petitioner submits that as a matter of fact Shri Kali Das Dhara expired on 22.2.1996 and therefore he could not file Vakalatnama on a subsequent date. Reliance was placed on the death certificate of Kali Das Dhara, a copy whereof has been filed as Annexure No. 4 to the writ petition.;