IN THE HIGH COURT OF UTTARANCAL AT NAINITAL WRIT PETITION NO.1496 (MS) OF 2005 Smt. Prem Bala, W/o Sri J.S. Ramola, R/o Below Back Mall Road, Mussoorie, Dehradun. ……………Petitioner. Versus Rent Control & Eviction Officer, Mussoorie, District- Dehradun. ……………..Respondents. 18.05.2006 Hon’ble Rajesh Tandon, J. Heard Sri B.P. Nautiyal Advocate for the petitioner and Standing Counsel for the respondent. By the present writ petition, the petitioner has prayed for a writ of certiorari quashing the vacancy proceedings pending before the respondent regarding the disputed property i.e. Estern Flat Below Back, Mall Road Mussoorie, which is under the tenancy of the petitioner. Briefly stated, according to the case of the petitioner, he is tenant in possession of the disputed accommodation known as Estern Flat Below Back, The Mall Road, Mussoorie. The proceedings were started earlier under Section 12/16 of the U.P. Act NO. 13 of 1972. The petitioner has objected to the said proceedings on the ground that there existed no vacancy. A revision was filed, the Revisional Court has also recorded a findings that there is no vacancy. The short grievance of the petitioner is that he has already filed an objection before the Rent Control and Eviction Officer along with a prayer that the present proceedings are barred by the principles of res-judicata as the same cannot be initiated again and again in the light of he judgment and order given by the Rent Control and Eviction officer as well as the District Judge. In view of the above, the Rent Control & Eviction officer is directed to decide the question of maintainability of the petition U/s 12/16 of U.P. Act No. 13 of 1972 by disposing of the objections in accordance with law in the light of the earlier judgments of the Rent Control and Eviction Officer as well as District Judge. Subject to the aforesaid, writ petition is disposed of. No order as to costs. Copy of the order to be given today. (Rajesh Tandon, J.) 18.05.2006 Rathour