SHISHIR KUMAR,J. - (1.) HEARD the learned counsel for the parties and have perused the record.
(2.) THIS writ petition has been filed for quashing the order passed by the revisional court dated 14.9.2009, Annexure-7 to the writ petition passed in Rent Revision No. 4 of 2000. It appears that the petitioner made an application for allotment of the premises in dispute on the ground that one Kailash Chand Dixit was the landlord who died in 1991 and the tenant living in the said accommodation has shifted to another place, therefore, there is a vacancy and after declaring the vacancy, the same should be allotted to him. The Rent Control and Eviction Officer after calling for the report from the Supply Inspector dated 24.3.1995 after inspection, passed an order of allotment of the said premises in favour of the petitioner and on 18.5.1995 it was allotted in his favour. It appears that the respondent who is son of Kailash Chand Dixit was living outside the country. When it came to his knowledge, he made an application on 10.4.1996 that he was living abroad as such he had no knowledge regarding the aforesaid proceeding and therefore, the order of vacancy and allotment is bad in law and it is to be set aside.
(3.) THE revisional court after considering the issues has allowed the revision by its judgement and order dated 14.9.2009 setting aside the order dated 5.5.1995 and 18.5.1995 by which the vacancy was declared and subsequently the allotment was made in favour of the petitioner. Hence, the present writ petition.;