ALLAHABAD HIGH COURT
S.U.Khan
NEELAM SINGH KUMARI
Versus
1ST ADDITIONAL DISTRICT JUDGE VARANASI
Decided On : 11 August 2008
Civil Misc. Writ Petition No. 60228 of 2007
Vacancy Declaration - Property Allotment - The court dismissed the petition and directed the dispossession of the respondent to remain stayed on the condition of paying rent to the landlord.
Fact of the Case:
The petitioner, daughter of the respondent, filed a writ petition challenging the rejection of her application for impleadment in the revision filed by her father. The court found no error in the impugned order and dismissed the writ petition.
Finding of the Court:
The court found that the petitioner's status is in the nature of a prospective allottee and that the revisions filed by the respondent and the petitioner were aimed at delaying the proceedings.
Issues: The issues involved the rejection of the petitioner's application for impleadment and the delay caused by the respondent and his family members in the disposal of the revisions.
Ratio Decidendi: The court directed the dispossession of the respondent to remain stayed on the condition of paying rent to the landlord, citing a Supreme Court authority.
Final Decision: The petition was dismissed, and the court directed the respondent's dispossession to remain stayed on the condition of paying rent to the landlord.
Heard learned Counsel for the parties.
2. Petitioner is daughter of Respondent No. 2 Mohan Singh. Respondent Nos. 3 and 4 namely Banwari Lal and Murari Lal are the landlords. Mohan Singh Respondent No. 2 himself initiated proceedings for allotment in respect of property in dispute under Sections 12 and 16 Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 in the form of Case No. 61 of 2001 alleging that it was vacant. Rent Control and Eviction Officer/additional District Magistrate (Civil Supplies), Varanasi declared the property in dispute to be vacant through order dated 21. 2. 2005. The allotment application was in respect of four rooms on the ground floor of house No. D-38/125 Hauj Katora Dashaswamegh, Varanasi. Rent Control Inspector had reported that several rooms in the building on ground and first floors were in occupation of applicant Mohan Singh. Before RCI it was stated on behalf of landlord that property in dispute was a Guest House belonging to the landlord and Mohan Singh was Manager of the Guest House and after closure of the Guest House Mohan Singh was continuing in possession. On the next visit of RCI Mohan Singh stated that on the four rooms on the ground floor there was dispute since 1969 and since 1981 the landlords had opened a Guest House and had made him Manager and had given two rooms on second floor as Managers room; and that in 1983 when the Guest House was closed he took two rooms on the second story also on rent. Thereafter on 3. 10. 2001 Mohan Singh filed an application for getting his allotment application dismissed as not pressed. However, on 19. 11. 2001 he
filed second application for getting the not pressed application dismissed as not pressed. Thereafter landlords filed detailed objections before R. C. &eo. Landlord stated that they had purchased the property through registered sale deed dated 16. 2. 1978 and thereafter Guest House was established in the said building. It was further stated that Mohan Singh was appointed as paid Manager of the Guest House and given one room on the ground floor in connection with his job. It was further stated that thereafter Mohan Singh illegally occupied one more room on the ground floor and a kitchen and two rooms and one store on the second story. Landlords also filed release application. Thereafter several sons and daughters of Mohan Singh including the petitioner also filed allotment applications. Thereafter property in dispute was released in favour of landlord-respondents on 7. 3. 2005. Thereafter Mohan Singh filed revision being rent Revision No. 23 of 2005. District Judge, Varanasi through order dated 15. 3. 2005 stayed the operation of release order. Thereafter petitioner daughter of Mohan Singh also filed RC Revision No. 47 of 2005. According to the learned Counsel for the petitioner, petitioner has filed the revision only against vacancy declaration order. Thereafter both the revisions were consolidated. Mohan Singh filed Writ Petition No. 9274 of 2007 against consolidation order which was dismissed on 27. 7. 2007. Thereafter petitioner filed an application for implead-ment in the revision filed by her father Mohan Singh. The said application was rejected by Additional District Judge, Court No. 1, Varanasi on 21. 7. 2007. The said order has been challenged through this writ petition.
3. I do not find least error in the impugned order hence writ petition is dismissed. Revisional Court has said that petitioners status is in the nature of prospective allottee.
4. If the allegation of learned Counsel for the petitioner that petitioners revision is directed only against vacancy declaration order is correct then while deciding revision finally Revisional Court should decide as to whether revision against vacancy declaration order is maintainable?
5. It is quite clear that Mohan Singh and his family members including petitioner are delaying the proceedings and disposal of the revisions. There is absolutely no
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