RAVI S.DHAWAN, J. - (1.) THIS petition raises the solitary issue whether a prospective allottee can interfere with the proceedings where a release application of the landlord is being considered. The respondent No. 1, the Rent Control & Eviction Officer, Kanpur Nagar, while conscious of the proposition of law, is giving indulgence to the prospective allottee to file evidence. This is virtually giving the prospective allottee a locus standi to meddle with the proceedings, which right he does not have. On this, a Full Bench decision of this Court, reported in Talib Hasan and another v. Ist Additional District Judge, Nainital and others, 1986 ARC 1 (FB), has laid down that a prospective allottee cannot participate in proceedings when a release application of the landlord is being considered by Rent Control & Eviction Officer or the Prescribed Authority. Receiving evidence of the prospective allottee, in reference to the context, will amount to participation. The consideration of a release application is a matter between the landlord and the Court. Thus, it will be considered accordingly.
(2.) IN so far as the respondent No. 1, the Rent Control and Eviction Officer, Kanpur Nagar, has permitted the prospective allottee to participate, this is a jurisdictional error and the proceedings are being corrected by a writ, order or direction of this Court, in the nature of certiorari. In the light of the observations which have been made by this order, the respondent No. 1 shall proceed accordingly. The petition is being disposed of accordingly in the light of the observations made in this order. Thus, the petition is decided. Petition allowed.;