SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Dharampal Singh, learned Senior Advocate assisted by Sri Siddharth Niranjan, learned counsel for the petitioner/defendant.
(2.) This writ petition has been filed praying for the following relief: "i) Pass necessary orders directing the City Magistrate/Rent Control and Eviction Officer (respondent no. 3) to stay his hands in finally deciding the release application (Annexure-5) in Case No. 41 of 2016 (Rakesh Gaur v. Shri Ram Maratha), under Section 16(1)(A) of the Act; ii) Pass necessary orders directing the respondent no. 3 to decide the release application in Case No. 41 of 2016 only; (a) after summoning the original records of the vacancy proceedings in Case No. 111 of 2002 (Mahendra Kumar Pandey v. Shri Ram Maratha) and (b) after waiting for the final decision by the High Court in Restoration Application No. 68127 of 2009 and the Writ petition No. 36215 of 2003 filed by the petitioner (tenant) against the vacancy order; iii) pass any other order or direction which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. iv) Award cost of the petition to the petitioner."
(3.) Briefly stated facts of the present case are that respondent no. 1, is the owner and landlord of House No. 54/45, Nayaganj, Kanpur Nagar, which is a partnership firm. The said firm moved a release application before the Prescribed Authority/City Magistrate, Kanpur Nagar under Section 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 praying for release of the disputed portion of the aforesaid house. In the said application, the respondent no. 1/landlord stated that he has purchased the house from Ved Prakash Agarwal and others by registered sale deed dated 01.02.2014 and to commence business the partner Raj Kumar Sanghi needs the disputed portion of the house. It has also been mentioned in the application that the disputed premises is in unauthorized occupation of the petitioner which was declared vacant in Rent Case No. 111 of 2012 (Mahendra Kumar Pandey v. Shri Ram Maratha) passed by the Prescribed Authority on 11.08.2003. The petitioner, herein, had filed objection in the said release application which is pending. It further appears that one Sri Rakesh Gaur (respondent no. 2) has also filed an application dated 29.04.2016 before the Prescribed Authority for allotment of the disputed premises which has been numbered as Case No. 41 of 2016 which is said to be pending. Now at this stage, the present petitioner has filed this writ petition praying for the relief as afore quoted.;