The Competent Authority after obtaining a report from the Rent Control Inspector and after having heard the parties vide its order dated 28.09.2005 has observed that as the respondent number1 has obtained the possession of the disputed shop by playing fraud, and therefore, the allotment of the disputed shop happens to be nullity and is void, and thus the said shop is liable to be declared vacant.
By the impugned order, the companyrt has allowed the writ petition by quashing the order dated 01.09.2007 passed by the Additional District Judge, Court No.1, Meerut and further has remanded the matter to the Revisional Authority to pass fresh order in the light of observations made after affording sufficient opportunity to the parties.
Respondent number1 being aggrieved by the order filed a revision petition before the Revisional Authority on the ground that numberquestion of release of the disputed shop in favor of appellant arises as the said shop is number vacant and had been duly and properly allotted to the respondent number1.
On 23.04.1999, an application was made by respondent number2 before the Rent Control and Eviction Officer stating that vacancy be declared as the respondent number1 has obtained allotment order by the appellant by companycealing the fact that he is already in occupation of three other shops.
Appellant after declaration of vacancy made an application for release of the disputed shop before the Delegated Authority.
This appeal is directed against the orders passed by the High Court of Judicature at Allahabad in Civil Miscellaneous Writ Petition No.
Writ Petition before the High Court for quashing the said order passed by the Revisional Authority.
16 of the act, vide its order dated 30.11.2005.
Being aggrieved by the order dated 01.09.2007, appellant filed a Civil Misc.
The Delegated Authority after companysidering the genuine and bonafide need of the appellant allowed the release application in favor of the petitioner under sec.
Neither the respondent number1 number the appellant challenged the order dated 28.09.2005, thus it has become final.
Budhana Gate, Meerut, where respondent number1 is the occupant on monthly rent of RS.
47199 of 2007 dated 24.11.2008.
However, respondent number1 did number challenge the order of vacancy.
Leave granted.
The appellant is the owner of a Shop No.
