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

Respondents 2 and 3 filed an application under section 16(1)(b) of the Act for the `release of certain residential premises of which the appellants claim to be their tenants. Respondent 1, acting as a Rent Controller, directed a Senior Inspector to inspect the premises and make a report. Accordingly, the Senior Inspector inspected the premises and submitted a report on April 9, 1974 stating: "After hearing the parties it would be proper to take further action". The Senior Inspector seems to have found that the premises were in occupation of 3 persons two of whom claimed to be partners of theM/s. Tirlok Singh &Co. On receipt of the report respondent 1 passed the impugned order, "Let the vacancy be notified", admittedly without granting any bearing to theMay 23, 1974 the appellants filed a writ petition in the High Court of Allahabad challenging the aforesaid order on the ground that it was passed in violation of the principles of natural justice. Pending admission of the writ petition the High Court stayed further proceedings consequent on the order. On August 7 , 1974, a Division Bench of the High Court rejected the writ petition summarily, with a brief speaking order. It felt that the writ petition was premature and that the proper remedy for the appellants was to approach respondent 1 under section 16(5)(a ) of the Act for review of the order directing that the vacancy beApril, 1975 the appellants filed a petition for special leave in this Court against the order of the High Court but during the pendency of that petition, respondent 1 issued a notice to the appellants stating that the release application filed by respondents 2 and 3 would be taken up for hearing on May 19. On May 21, 1975 respondent 1 passed a release order and, though moved in that behalf by the appellants, refused to stay further proceedings. On May 30, 1975 the appellants filed an appeal against the release order to the District Judge, Lucknow who has stayed further proceedings. That appeal is pending.The narrow question for determination is whether the order passed by respondent 1 on May 20, 1974 directing that the vacancy be notified is illegal for the reason that it was passed without affording a hearing to the appellants. This question incidentally involves an inquiry into the correctness of the view expressed by the High Court that the writ petition filed by the appellants wasis necessary for a proper appreciation of the controversy involved in this appeal to understand the scheme of the U .P. Rent Act, 13 of 1972. Chapter III entitled "Regulation of Letting" provides by section 12(1) that a landlord or tenant of a building shall be deemed to have ceased to occupy the building or a part thereof if (a) he has substantially re moved his effects there from, or (b) he has allowed it to be occupied by any person who is not a member of his family, or (c) in the case of a residential building, he as well as members of his family have taken up residence not being temporary residence, elsewhere. By section 12(4), any building or part of a building which a landlord or a tenant has ceased to occupy shall be deemed to be vacant. By section 13, where a landlord or a tenant ceases to occupy a building no person can occupy it otherwise than under an order of allotment or release passed under section 16. Section 15 imposes an obligation on every landlord to give notice of the vacancy to the District Magistrate whenever a building falls vacant.

Reasoning: 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.