SURYA PRAKASH KESARWANI,J. - (1.) Heard Sri Ravi Kant, learned senior counsel assisted by Sri Rishab Agarwal, learned counsel for allottee-petitioners, learned standing counsel for respondent No.2 and Sri Kshitiz Shailendra, learned counsel for respondent Nos.4 and 5.
(2.) Respondent No.6 Sri Din Dayal Kayan has been impleaded as proforma respondent. Questions Involved:- (a) Whether in allotment proceedings, the provisions of the UP Act XIII of 1972 and the Rules framed thereunder, were observed? (b) Whether the allotment order dated 25.8.2006 was the result of fraud and collusion? (c) Whether the review application filed by landlordrespondent under Section 16(5) of the Act was barred by limitation? (d) Whether the revisional court exceeded its jurisdiction to pass the impugned judgment under Section 18 of the Act and whether it was justified for the revisional court to enter into the merits of the case when the review application was rejected on the ground of limitation? Original Records Produced:
(3.) Learned Standing Counsel has filed an affidavit of the respondent No.2, which is taken on record. On earlier occasions aswell as today, he has produced the following records: (i) File of Case No.76 of 1998 (Bhushan Narang v. Sita Ram Kayan) allotment order dated 02.05.1998 for allotment of disputed shop being Property No.6/336, Belanganj, Ward Chhatta, Agra under Section 16(1)(a) of U.P. Act XIII of 1972 and the allotment letter dated 04.05.1998 issued by the Additional District Magistrate (Civil Supplies/ Rent Control and Eviction Officer), Agra, whereby shop in question was allotted to the respondent No.3. (ii) File of Case No.105 of 2006 (Vishal Bansal, Priti Bansal v. Din Dayal Kayan) of allotment order dated 25.08.2006 and allotment letter dated 31.08.2006 of the disputed shop being Property No.6/336, Belanganj, Ward Chhatta, Agra under Section 16(1)(a) of U.P. Act XIII of 1972 in favour of the petitioners herein. (iii) File of Review Application/ Case No.25 of 2012 (Bhushan Narang v. Vishal Bansal and others) rejected by order dated 06.08.2016 passed by the Additional District Magistrate (Civil Supplies)/ Rent Control and Eviction Officer, Agra, from which petition arose.;