Case: Tirlok Singh and Co Vs. District Magistrate, Lucknow and Ors

provides for an appeal against an order of allotment or release says that any person aggrieved by an order of allotment or release passed under section 16 may prefer an appeal to the District Judge. If the order o f allotment or release is varied or rescinded by the District Judge, the District Magistrate under section 18(2) has the power to place the parties back in the position which they would have occupied but for such order.A study of these provisions shows the untenability of the appellants contention as regards the illegality of the order passed by respondent. 1. Chapter III of the U.P. Rent Act casts an obligation both on the landlord and the tenant to intimate a vacancy to the District Magistrate. A vacancy is to be deemed to have occurred in the circumstances specified in section 12. On the intimation of a vacancy or otherwise, the District Magistrate may under section 16 pass either an order allotting the premises to a person specified by him or he can release the vacancy in favour of the landlord on being satisfied that he requires the premises for the purposes mentioned in section 16(2). The Act does not provide for a hearing at the stage when the District Magistrate passes an order of allotment or release. But any person aggrieved by such an order is entitled under section 16(5)(a) to ask the District Magistrate to review his order. If, in the meanwhile, any person in possession of the premises has been evicted the District Magistrate has the power, if he sets aside or modifies the order of allotment or release, to put the applicant back in possession. Further, an order passed under section 16 is appealable under section 18 which means that a person aggrieved by an order of allotment or release has at a least a two-fold opportunity to challenge an order affecting his interest.7. The order dated May 20, 1974 passed by respondent 1 to the effect "Let the vacancy be notified" is not by itself and without more calculated to injure or effect the appellants interest. As a sequel to that order and after the High Court rejected the appellants writ petition, respondent 1 served a notice on the appellants stating that the proceeding would be taken up for hearing on May 19, 1975. The release order was eventually passed on May 21 after hearing the appellants and they have filed an appeal against that order before the District Judge who is entitled to examine the legality and propriety of the order.Thus, in the first place, it was unnecessary for respondent 1 to hear the appellants before notifying the vacancy because under the scheme of the U.P. Rent Act, an order notifying the vacancy does no injury and causes no prejudice to the interests of any party. A notification of the vacancy is a step-in-aid of an order of allotment or release and it is only when such an order of allotment or release is passed that the landlord or the tenant, as the case may be, can have a grievance. Orders of allotment and release are, in the first instance, reviewable by the District Magistrate himself and an order passed by the District Magistrate under section 16 is appealable under section 18.8. A reference to the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 would be relevant and useful in this behalf. Rule 8(1) called "Ascertainment of Vacancy" enjoins the District Magistrate, before making an order of allotment or release in respect of any building which is alleged to be vacant, to obtain a report from the Rent Control Inspector. Under rule 8(2), the Inspector is required to inspect the building as far a s possible in the presence of the parties and submit the report to the District Magistrate after eliciting the necessary facts. Rule 8(2) requires that the conclusion contained in the Inspectors report must be posted on the Notice Boa rd of the District Magistrates office for the information of the general public. This is what is meant by "notifying the vacancy" and this explains the order passed by the District Magistrate: "Let the vacancy be notified". The existence of the vacancy, by being displayed on the District Magistrates notice board, is notified to the general public in order that persons interested in the allotment of the vacancy may apply to the District Magistrate in that behalf. Under Rule 8(2), an order of allotment can be passed not before the expiration of 3 days from the date on which the vacancy is notified and if in the meantime any objection is received, not before the disposal of such objection. Under rule 8(3), all objection to the notification of the vacancy has to be decided after considering any evidence that the objector or any other person may adduce. The Act thus contemplates successive opportunities being afforded to persons whose interests are likely to be affected by any order passed by the District Magistrate. Putting it briefly, an order notifying the vacancy can be objected to and the objection has to be decided after considering the evidence that the objector or any other person concerned may adduce. Secondly, if an order of allotment or release is passed under section 16, following upon the notification of a vacancy, the aggrieved person can file a review application. Thirdly, as against an order passed under section 16 , there is a right of appeal under section 18.9. The High Court was therefore right in expressing the view that the appellants writ petition was premature. The writ petition was premature in the sense that the order impugned thereby did not affect the appellants interest in the particular premises. The appellants have since filed an appeal against the order of release to the District Judge and that appeal is pending. That is the proper forum for adjudicating on the rival claims o f the appellants on one hand and respondents 2 and 3 on the other.10.

Decision (1 = appeal accepted, 0 = rejected): 0

Explanation:
0[ds]The existence of the vacancy, by being displayed on the District Magistrates notice board, is notified to the general public in order that persons interested in the allotment of the vacancy may apply to the District Magistrate in that behalf. Under Rule 8(2), an order of allotment can be passed not before the expiration of 3 days from the date on which the vacancy is notified and if in the meantime any objection is received, not before the disposal of such objection. Under rule 8(3), all objection to the notification of the vacancy has to be decided after considering any evidence that the objector or any other person may adduce. The Act thus contemplates successive opportunities being afforded to persons whose interests are likely to be affected by any order passed by the District Magistrate. Putting it briefly, an order notifying the vacancy can be objected to and the objection has to be decided after considering the evidence that the objector or any other person concerned may adduce. Secondly, if an order of allotment or release is passed under section 16, following upon the notification of a vacancy, the aggrieved person can file a review application. Thirdly, as against an order passed under section 16 , there is a right of appeal under sectionHigh Court was therefore right in expressing the view that the appellants writ petition was premature. The writ petition was premature in the sense that the order impugned thereby did not affect the appellants interest in the particular premises. The appellants have since filed an appeal against the order of release to the District Judge and that appeal is pending. That is the proper forum for adjudicating on the rival claims o f the appellants on one hand and respondents 2 and 3 on the other.