The Rent Control and Eviction Officer cannot pass an order affecting the rights of a person without giving him an opportunity of being heard.

Subject-matter of impugnment in writ petition No. 41491 of 1992 is the order, dated 30. 10. 1992 passed by the Rent Control and Eviction Officer, Allahabad in respect of the premises viz. 15, Admonston Road (Now) 21, Tashkand Marg, Civil Lines. Allahabad owned by Sri Ghanshyam Das Agrawal. On 3. 7. 1992 the owner Sri Ghanshyam Das Agrawalgavean intimation to the Rent Control and Eviction Officer, Allahabad that one out-house of the premises aforestated consisting of one hall, one kitchen, one side room and latrine-bathroom was under the tenancy of Smt. Pushpa Chakrawarti at the rate of Rs. 50/-per month plus water tax and further that Smt. Pushpa Chakrawarti expired on 1. 6. 1992 leaving no heirs or successors and further that in the circumstances a vacancy had occurred in respect of the said premises. On receipt of the intimation, Rent Control Inspector made a local inspection and submitted a report whereupon the Rent Control and Eviction Officer declared vacancy in respect of the said premises vide order dated 16. 7. 1992. The vacancy so declared was notified and applications for allotment invited pursuant to the said order and 20. 3. 1992 was the date fixed for further action in the matter. The premises aforestated was alloted to Smt. Rukmani Devi Pant vide order dated 31. 8. 1992 and the landlord was directed to hand over the possession to the allottee on or before 15. 9. 1992. Form d was issued on 16. 9. 1992 directing the Inspector, Police Station, Civil Lines, Allahabad to ensure that the vacant possession of the premises allotted to Smt. Rukmani Devi Pant which was earlier in occupation of Smt. Pushpa Chakrawarti was handed over to the allottee. The allottee Smt. Rukmani Devi Pant obtained possession and informed the Rent Control and Eviction Officer by her letter dated 17. 9. 1992 that the possession of the allotted premises was handed over to her on 17. 9. 1992 at 8 a. m. It was, however, mentioned in the said intimation dated 17. 9. 1992 that the possession of one big room mentioned in the said allotment order could not be obtained, as it was in possession of another person and further that in this regard steps would be taken later on. Local police also submitted a report to the Rent Control and Eviction Officer that the allottee obtained possession of the allotted accommodation on 17. 9. 1992 at 8 a. m. without intervention of the police and there remained no necessity for any police action in the matter.

2. On 24. 9. 1992 the allottee Smt. Rukmani Devi Pant moved an application before the Rent Control and Eviction Officer for delivery of possession of the entire allotted premises stating therein that as per order of the Court she obtained possession of the allotted premises on 17. 9. 1992 but she could not obtain possession in respect of one room being in occupation of the Tejbhan Singh who claimed himself to be the tenant on a monthly rent of Rs. 150/ -. It was further stated that tenancy of Teibhan Singh in respect of one of the rooms allotted to her was not proper. The Rent Control and Eviction Officer without issuing any notice to Tejbhan Singh and without giving any opportunity to him passed an order dated 30. 10. 1992 redescribing the allotted accommodation in such a way as to include therein the room in occupation and tenancy of Tejbhan Singh. It would be pertinent to mention here that on 23. 9. 1992 Tejbhan Singh is said to have moved an application before the Rent Control and Eviction Officer alleging therein that the allottee Smt. Rukmani Devi Pant wanted to take forcible possession of room in his tenancy since long and praying that the allottee be directed not to interfere with his possession of the premises other than the one allotted to her. A letter dated 25. 9. 1992 also appears to have been written by the petitioner to the landlord-Ghanshyam Das Agrawal calling for information from the latter if Sn Tejbhan Singh had been in occupation as tenant and if so since when. The landlord-Sri