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2009 Supreme(All) 1759

PRAKASH KRISHNA
HAZI NASEEM AHMAD – Appellant
Versus
R. C. & E. O. /ADDITIONAL DISTRICT MAGISTRATE (CIVIL SUPPLY), VARANASI – Respondent


Advocates:
Counsel :
Ajay Kumar Singh and Ashish Kumar Singh for the Petitioner; Ashok Kumar Srivastava, S.C. for the Respondents.

JUDGMENT

Hon’ble Prakash Krishna, J.—The present writ petition arises out of the proceedings initiated against the petitioner under Section 16 (1)(a) of the U.P. Act No. 13 of 1972. The subject matter of the dispute is one shop situate on ground floor of house No. B-16/94, Mohalla Pandey Haveli, Varanasi. Shamim Azaz, the respondent No. 2 herein, filed an application for allotment on July 19, 2006 of the said accommodation. A report was called for from the Rent Control Inspector who submitted its report dated 20th of September, 2006. The respondent Nos. 3 to 8, the landlord, applied for the release of the disputed shop. The parties led evidence in support of their respective cases. The authority concerned by the order dated 15th of March, 2007 declared the accommodation as vacant. Thereafter, an application to review and recall the said order was filed by the present petitioner which has been dismissed by the impugned order dated 6.8.2007. By means of the present petition, the petitioner has sought the quashing of the orders dated 6th of August, 2007 and 15th of March, 2007.

2. The main point urged by the learned counsel for the petitioner is that even if it is taken that the posses












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