Anand Ballabh Thapliyal vs District Judge, Pauri Garhwal and Another

Rajesh Tandon, J.—Heard Mr. Vipul Sharma, Advocate holding brief of Mr. S. Dhulia, Senior Counsel for the Petitioner.

By the present writ petition, the Petitioner has prayed for a writ of certiorari quashing the orders dated 16-03-1988 and 29-10-1987 passed by the District Judge, Pauri Garhwal and the Prescribed Authority respectively (Annexures Nos. 7 and 6).

Briefly stated, the Petitioner has rented a shop situated at Shivaji Marg, Cinema Road, Kotdwar, District Pauri Garhwal on 04-01-1984 from one Suresh Kukreti. An application for allotment u/s 16 of the Act was filed by the Petitioner before the Prescribed Authority, which was allowed and the shop was allotted to the Petitioner on 07-05-1985. Against that order of allotment, the landlady i.e. Respondent No. 2 went in revision before the District Judge, Pauri Garhwal, which was allowed and the order of allotment dated 07-05-1985 was set aside on the ground that a release application of the landlady u/s 16 of the Act was also pending before the Prescribed Authority. However, the said release application filed by the landlady was rejected by the Prescribed Authority/SDM on 19-05-1986. Aggrieved by the said order of the Prescribed Authority dated 19-05-1986, the landlady (Respondent No. 2) went in revision before the District Judge, Pauri Garhwal, which was registered as Revision No. 4 of 1986. The said revision was allowed and the case was remanded to the Rent Control and Eviction Officer for considering the release application of the landlady. After the remand of the case, the Prescribed Authority/SDM has allowed the release application of the landlady vide order dated 29-10-1987 and the accommodation was released in favour of the landlady.

Aggrieved by the said order of the Prescribed Authority/SDM dated 29-10-1987, the Petitioner went in revision, which was registered as Revision No. 12 of 1987 before the District Judge, Pauri Garhwal. The said revision was also dismissed vide order dated 16-03-1988.

Against the said orders dated 29-10-1987 and 16-03-1988, the present writ petition has been filed.

The Petitioner, being a prospective allottee, has no right to file an objection and contest the application for release made by the landlady, as such, the writ petition is not maintainable.

In Vijay Kumar Sonkar v. Incharge District Judge and Ors. reported in 1995 (2) ARC 1, relying upon the judgment in the case of Talib Hassan and Anr. v. 1st Addl. District Judge, Nainital and Ors. reported in 1987 (1) A.R.C. 18, it has been held asunder:

It is on this understanding of the law that the High Court relying on its Full Bench decision in the case of Talib Husain and Another Vs. Ist Additional District Judge, Nainital and Others, , rejected the prayer of the prospective tenant that he had a right to be heard in a release application of the landlord based as it was on the provisions of Sub-section (2) of Section 16 on ground of bona fide requirement. On the allowing of the release application the premises in question ceased to be allotable and since the District Magistrate, thereafter would have no jurisdiction to make an allotment thereof and the prospective tenant consequently has no right to resist the landlord in release proceedings.

In view of the above, the writ petition is not maintainable and is accordingly dismissed. No order as to costs.