JUDGMENT

S.C. Manchanda, J. - This is a landlord's writ petition under Article 226 of the Constitution praying for the quashing of the order of allotment dated 12.6.1963 in favour of opposite party no. 2 and the order of the Rent Control and Eviction Officer dated 28 June 1963 declining to release the shop in favour of the petitioner, on the ground that the allottee having obtain. ed possession the allotment order had exhausted itself.

2. The material facts leading up to this petition are these. The applicant is the owner of the accommodation, which is a shop in Moradabad city. The previous tenant one Dr. S. K. Biswas was about to vacate the premises in March 1963. The opposite party no. 2 made an application dated the 26 March, 1963, for allotment in his favour. Thereupon, the Rent Control and Eviction Officer called for a report from the Inspector and the following report as after enquiry was submitted on 13.4.1963.

"I visited it and made enquiry. It is in the tenancy of Dr. S. K. Biswas who had not been disposed of but had only told me that he intends to vacate it shortly as his practice is not flourishing...... . Its landlord is Haji Sajjad Husain who lives in Peerzada. It is li