M.C. Agarwal, J. - (1.) BY this petition under Article 226 of the Constitution of India the petitioner challenges an order dated 22 -12 -1995 passed by the Rent Control and Eviction Officer, Meerut releasing the accommodation in question in favour of the landlord respondent No. 3 and an order dated 8 -1 -1997 passed by the VIIIth Additional District Judge, Meerut by which the petitioner's revision petition against the aforesaid order has been dismissed as barred by time. I have heard Sri Rajesh Tandon, learned Counsel for the petitioner and Sri P.K. Jain, who has put in appearance on behalf of respondent No. 3.
(2.) THE landlord had moved an application contending that one Chandra Mohan Sharma was in illegal occupation of the accommodation in question. The same be released in her favour. The Rent Control and Eviction Officer after inquiry declared the accommodation to be in illegal occupation of the said Chandra Mohan Sharma and later released the same in favour of the landlord. The petitioner's contention is that her husband Kailash Chandra Sharma was the tenant of the accommodation in question. He died in September, 1995 and after his death no notice was issued to her and the order has been passed without giving her an opportunity of hearing. The documents annexed to the writ petition show that the case of the landlord was that it was Chandra Mohan Sharma who was in illegal occupation of the property in question. The petitioner has already availed the remedy of filing a revision petition before the District Judge and has also moved an application for review before the Rent Control and Eviction Officer under Section 16(5) of the Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972. In these circumstances no case for interference under Article 226 of the Constitution of India is made out. The writ petition is accordingly dismissed.;