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2007 Supreme(All) 2854

S.U.KHAN
MAHENDRA SINGH CHAUDHARY – Appellant
Versus
RENT CONTROL AND EVICTION OFFICER, MATHURA – Respondent


Advocates:
Counsel :
Vishnu Gupta, Anupam Kulshreshtha and Ansu Chaudhary for the Petitioner; B.D. Mandhyan, Vashishtha Tiwari, Satish Mandhyan, S.C. Mandhyan and S.C. for the Respondents.

JUDGMENT

Hon’ble S.U. Khan, J.—Heard learned Counsel for the parties.

2. This writ petition has been filed by allottee, who has been dispossessed either immediately before or after filing of the writ petition. This writ petition was filed during summer vacation on 7.6.2006 and on 9.6.2006, it was directed to be put up as fresh on 4.7.2006. It is admitted to the petitioner that before 4.7.2006, he had been dispossessed.

3. Earlier also matter came up before me in the form of writ petition No. 9634 of 2004, which was allowed on 5.9.2005.

4. Property in dispute is a shop, which was allotted to the petitioner by R.C. & E.O., Mathura on 1.1.2003. In execution of the aforesaid allotment order, Gopal Prasad Agrawal-respondent No. 2 in this writ petition was dispossessed on 3/4th March, 2004 and possession was delivered to the petitioner. According to the respondent No. 2, he is owner of the shop in dispute and was running a medical store in the said shop for a long time, when he was suddenly dispossessed without any prior notice. On the allotment application, Smt. Sashi Gupta-respondent No. 3 was shown to have given her consent for allotment in favour of the petitioner stating therein that sh











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