- (1.) We have heard Shri Mohd. Arif Khan, learned Senior Advocate assisted by Shri Mohd. Aslam Khan, learned counsel for the petitioner and Shri Shailendra Singh Chauhan, learned counsel for the respondents No.1 to 5.
(2.) The petitioner has preferred the above writ petition seeking the following reliefs:- "(i)That by a writ of certiorari, after summoning the original record, entire proceedings including the undated and unsigned notice (Annexure No.13) alleged to have been issued under the orders of Nagar Nigam, Lucknow may kindly be quashed. (ii)That a writ of mandamus, the opposite parties, specially, opposite party No.2 may kindly be commanded to decide the application made by the petitioner for change of tenancy in her favour in respect of House No.C-5/1, River Bank Colony within the time frame fixed by this Hon'ble Court."
(3.) The controversy pertains to House No.C-5/1, River Bank Colony, Lucknow. It is the case of the petitioner that her grand-father namely Dr.P.C. Govila, a Dental Surgeon of Medical College, Lucknow had made an application for allotment and in pursuance thereof, he was initially allotted House No.G-15, River Bank Colony on a monthly rent of Rs.80/- in the year 1963. Dr.P.C. Govila was not delivered the possession of the House No.G-15, River Bank Colony and considering his circumstances, he made a request that instead of House No.G-15, he may be allotted some other house/flat and accepting his request, the respondents had allotted House No.G-11 on the ground floor of River Bank Colony, Lucknow by means of the allotment letter dated 04.09.1963, since, then, Dr.P.C. Govila had been residing in the said premises. In the month of February, 1999, the rentals were enhanced with effect from July, 1998 and the monthly rent of the premises i.e. House No.G-11, River Bank Colony was enhanced to Rs.1,350/- per month.;