D.R Ghosh vs Rent Control and Eviction Officer,Allahabad

A.K. Yog, J.—The present petition has been filed by the petitioner praying for a writ of certiorari quashing the impugned order dated 2111982 (Annexure XVII to the writ petition) whereby the Delegated Authority/Rent Control and Eviction Officer decided the objection under the U.P. Act XIII, 1972 directing the vacancy to be notified in respect to a portion of 15/1 Jawahar Lal Nehru Road.

The owner of the premises in question had earlier opposed the allotment proceedings. The Delegated Authority after having received inspection report as required under the law, dropped the proceeding on the ground that the provision of U.P. Act XIII of 1972 were not applicable as the building was newly constructed. In this respect various inspection reports have been annexed as Annexures 5 and 6 to the writ petition and consequential order dated 23121977 has been filed as Annexure 4 to the writ petition. The Inspector submitted his report. On that basis, vacancy has been notified by the impugned order dated 2111982 (Annexure XVII to the writ petition).

The Delegated Authority had come to the conclusion and recorded a finding that the provision of the Acts were not applicable to the said portion.

There is no occasion to reopen the matter. In view of the above the impugned order dated 2111982 passed by the Delegated Authority/Rent Control and Eviction Officer (Annexure XVII to the writ petition) is manifest error apparent on the fact of the record in Case No. 583 of 1981 (Vinod Kant Srivastava v. D.P.Ghosh) is set aside. The writ petition stands allowed. No order as to costs.