J.C.Gupta, J. - (1.) By means of this writ petition, the petitioner seeks a writ of certiorari for quashing the order dated 7.4.94 passed by respondent No. 1. whose copy has been annexed as Annexure-5 to the writ petition.
(2.) The dispute relates to a portion of House No. 12/112 situate in Mohalla Gwaltoli, Kanpur Nagar. The petitioner is admittedly a Police Inspector. It is also not disputed that respondent No. 2 is the owner and landlord of the disputed accommodation. The proceedings were initiated before R.C. and E.O., respondent No. 1 on the application moved by respondent No. 2 wherein he prayed that the building in question be released in his favour after declaring the same vacant. The Rent Control Inspector was directed to make a spot inspection and he submitted (he report that the accommodation in question was in unauthorised occupation of the petitioner and the same was vacant. The petitioner filed objections before the R.C. and E.O. alleging therein that he has been in occupation of the same as tenant of respondent No. 2. However neither it was disclosed by him as to since when he came to occupy the building in question as a tenant nor did he file any proof in support of the said assertion that he has been inducted as a tenant in the building in question by respondent No. 2 himself. The case of the landlord was that the building was not let out to the petitioner and he has occupied the same without any order of allotment and it is another instance of house grabbing.
(3.) The Rent Control and Eviction Officer examined the mailer and came to the conclusion in the impugned order that the petitioner entered into occupation of the building in question without an order of allotment in an unauthorised manner. It has been held further that even assuming the case of the petitioner to be correct. In the absence of any order of allotment, his occupation was still unauthorised and a deemed vacancy stood created under the provisions of the Act. The present writ petition has been filed against this order of the Rent Control and Eviction Officer whereby vacancy has been declared.;