ANJU DEVI Vs. JANAK DULARI

JUDGEMENT

(1.) Heard Sri K.K. Nirkhi, learned counsel for the petitioner and Sri S.S. Chauhan assisted by Sri J.B. Singh, learned counsel for the respondent No. 1. This writ petition has been filed for issuing a writ of certiorari quashing the order dated 21.9.2013 passed by the Additional District Judge, Court No. 3, Kanpur Nagar in Rent Revision No. 47 of 2010 as well as orders dated 15.6.2010 and 11.8.2010 passed in Rent Case No. 25 of 2009 by the Rent Control and Eviction Officer declaring the vacancy and allotting the disputed accommodation by allowing the application under section 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act). Vide order dated 15.6.2010 the vacancy was declared, vide order dated 11.8.2010 the accommodation in dispute was released in favour of the respondent No. 1 and vide order dated 21.9.2013 the revision filed by the petitioner challenging the aforesaid orders has been dismissed.

(2.) The facts giving rise to the present writ petition are that it appears that respondent No. 1 has filed an application under section 16(1) (b) of the Act seeking release of the accommodation in dispute. There the present petitioner appeared and after hearing him the vacancy was declared vide order dated 15.6.2010. The petitioner did not challenge this order by way of filing a writ petition. However, later on vide order dated 11.8.2010 the accommodation in dispute was released in the favour of landlord and it is thereafter, the petitioner has challenged both the orders. So far as the order 15.6.2010 declaring the vacancy is concerned the Revisional Court on the basis on the assessment (Panchshala) made by the Nagar Palika of the years 1973-78, 1978-87 and 1987-92 has observed that in the above assessment neither the name of the petitioner nor any member of his family has been mentioned and taking note of that it has been held that the petitioner has entered in the accommodation in dispute after 1992. It has also been observed that neither any objection nor any affidavit has been filed stating that since when the petitioner is a tenant.

(3.) Contrary to that the petitioner has filed a copy of the Rashan Card (Paper No. 46 Ga-2) of the year 2009, rent receipt (Paper No. 46 Ga-4) of the year 2001 and reply of notice (Paper No. 46 Ga-7) of the subsequent year. The Revisional Court has held that the entry of the petitioner in the accommodation is much after the enforcement of Act No. 13 of 2072, therefore, in view of section 11 of the Act the petitioner's status would be of an authorized occupant as no person shall let any building in respect of any person without an order of allotment issued under section 16 of the Act. The petitioner has not been able to show any allotment order under section 16 of the Act.