J.C. Gupta, J. - (1.) Despite time having been granted, no rejoinder affidavit has been filed on behalf of the petitioner.
(2.) By means of this writ petition, the petitioner has challenged the order dated 25.5.1998 passed by the Rent Control and Eviction Officer, respondent No. 1 rejecting the petitioner's application for recalling the order dated 25.3.1998 whereby the disputed shop has been released in favour of the landlord, respondent No. 2 under Section 16 (1) of the U. P. Act No. XIII of 1972 (hereinafter referred to as the Act).
(3.) The facts relevant for this writ petition may be abated in brief as follows. The dispute relates to shop No. 3/1048/3 Mohalla Ram Nagar Pathanpura district Saharanpur of which respondent No. 2 is admittedly the landlord. The petitioner carne into occupation of the said shop in May, 1981 undisputedly without any order of allotment in his favour. In the year 1987 one Mahaveer Prasad moved application for allotment on the ground that the shop in question was vacant as the same was in occupation of the petitioner without an order of allotment. By the order dated 6.12.1990, the Rent Control and Eviction Officer declared vacancy treating the petitioner to be in unauthorised occupation thereof. Against the said order, the petitioner filed Writ Petition No. 5826 of 1991 and by an interim order of this Court operation of the order of the Rent Control and Eviction Officer declaring vacancy was stayed. The aforesaid wilt petition was. however, dismissed on 15.10.97 in non-prosecution by this Court. After the dismissal of the said petition, the landlord, respondent No. 2 made an application on 18.12.1997 for releasing the shop in question in his favour as according to him, the same was bona fide requirement by him for his son's need. The said application was allowed by respondent No. 1 by order dated 25.3.1998. Thereafter, the petitioner moved an application for recalling the said order on the ground that he had not been given any opportunity of hearing before passing the said order. By the impugned order, the Rent Control and Eviction Officer has rejected the said application. It further appears that petitioner then filed revision against the release order and the same was also got dismissed in non-prosecution.;