Iqbal Ahmad vs Rent Control and Eviction Officer,Allahabad and Others

R.H. Zaidi, J.—By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of certiorari quashing the order dated 1082000 whereby respondent No. 1 has directed to issue notice to the petitioner and also fixed 318 2000 for passing the order regarding vacancy in building in question.

The apprehension of the petitioner was that he will not get justice before respondent No. 1. He, therefore, made a transfer application before the District Magistrate, copy of which is contained in Annexure 4 to writ petition. The said application is supported by an affidavit. The application filed by the petitioner is still pending disposal and today''s date is fixed for passing the order regarding vacancy in the building in question.

In view of these facts, this petition is disposed of finally with a direction to the District Magistrate, Allahabad, the respondent No. 2, to take a decision on the application filed by the petitioner within one month from the date a certified copy of this order is communicated to him. Before deciding the application, appropriate orders will be passed on the application for grant of interim relief. Further, if the building is declared vacant, it will be open to the petitioner to challenge the validity of the said order before the appropriate Court or authority. Petition disposed of.