High CourtsSingle Bench(1980) 04 AHC CK 0009

Manni Lal vs Ravi Kumar and Others

Allahabad High Court · Decided on 30 April 1980 · Citation: (1980) AWC 328

HON’BLE JUDGES
A.N. Varma, J
RESULT
Dismissed
CASE NUMBER
Civil Miscellaneous Writ Petition No. 2668 of 1979

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Judgment

2 paragraphs · 213 words

A.N. Varma, J.—The Petitioner moved an application for a declaration that certain premises were vacant. After an inquiry, the Rent Control & Eviction Officer by his order dated 29-9-1978 rejected the application on the finding that there was no vacancy. The Petitioner, thereupon filed a Revision which has been rejected by the learned District Judge by the order dated 10-4-1979 on the ground that no Revision lay against the order passed by Rent Control & Eviction Officer refusing to declare a vacancy. The learned District Judge placed reliance on a decision in the case of M.C. Banerji v. VII Additional District Judge 1979 UP RCC 140. The grievance of the Petitioner seems to be that he was given no opportunity in the inquiry which was caused to be made by the Rent Control & Eviction Officer into the alleged vacancy. The grievance is misconceived. Under the Act, no opportunity is contemplated to be given to a prospective allottee in the inquiry which may be made in pursuance of an application made for the purposes of declaration of an accommodation as vacant. The impugned orders do not suffer from any error of law.

2.

There are no merits in this writ petition. It is accordingly rejected. There will be no order as to costs.