SHASHI KANT GUPTA,J. - (1.) THIS writ petition has been filed for quashing the order dated 5-7-1991 passed by opposite party No. 2 (contained as Annexure No. 10 to the writ petition) whereby the vacancy under Section 12 of U. P. Act No. 13 of 1972 (in short the "Act") of the disputed premises has been declared and further quashing the notification dated 6-7-1991 (contained as Annexures 11 and 12 of the writ petition) whereby the notice has been issued by respondent No. 2 inviting the applications for allotment of the disputed premises.
(2.) THIS petition was filed impleading the prospective allottees as respondent Nos. 3, 4, 5 and 6. The counter affidavit was filed on behalf of respondent Nos. 3 and 4 but no counter affidavit was filed by respondent Nos. 5 and 6. Thereafter during the pendency of the writ petition, the respondent No. 3 expired and his widow Smt. Parmeshwari Devi was substituted in his place as respondent No. 3/1. Notices were issued to Smt. Parmeshwari Devi respondent No. 3/1 but she did not response to the notice and vide order dated 19-12-2006 this Court held that the service of notice upon Simt. Parmeshwari Devi is sufficient under Chapter VIII Rule 12 of the Rules of Court, 1952. The office also submitted a report on 30-7-2008 stating that no one has put in appearance on behalf of respondent No. 3/1. The matter was taken up on 17- 11-2008 but still no one appeared on behalf of the respondents as such the matter was adjourned to 19-11-2008 and ultimately the matter was finally taken up on 24-11-2008. Since no one is appearing on behalf of the respondents therefore such this Court has got an option but to proceed ex-parte.
(3.) THE brief facts as emerged from the writ petition are as follows :-;