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Anilesh Gupta v. Rent Control & Eviction Officer And Others - WRIT - A No. 54003 of 2005  RD-AH 6109 (22 November 2005)
Civil Misc. Writ Petition No. 54003 Of 2005.
Rent Control and Eviction Officer, Allahabad and others
Hon'ble Anjani Kumar, J.
Heard learned counsel for the parties.
The petitioner, by means of this writ petition, has challenged the order passed by the Rent Control and Eviction Officer, Allahabad dated 8th June 2005 whereby vacancy has been declared in the accommodation in dispute in which the petitioner claims to be a tenant by virtue of an agreement between the parties. In view of law laid down by the Apex Court in the case of Achal Misra v. Rama Shanker Singh and others, JT 2005 (4) SC 236, wherein the Apex Court has held as under:-
"It is thus clear that an order notifying a vacancy which leads to the final order of allotment can be challenged in a proceeding taken to challenge the final order, as being an order which is a preliminary step in the process of decision making and in passing the final order. Hence, in a revision against the final order of allotment which is provided for by the Act, the order notifying the vacancy could be challenged.
In fact the person aggrieved by the order notifying the vacancy can be said to have two options available. Either to challenge the order notifying the vacancy then and there by way of a writ petition or to make the statutory challenge after a final order of allotment has been made and if he is aggrieved even thereafter, to approach the High Court. It would really be a case of election of remedies."
That being the legal position, since the petitioner, according to the law laid down by the Apex Court in Achal Misra's case, has a remedy of challenging the order notifying the vacancy also in case allotment order is made, I do not find this to be a fit case for interference at this stage under Article 226 of the Constitution of India. The writ petition, therefore, is dismissed on the ground of availability of alternative remedy.
However, the petitioner shall not be evicted from the accommodation in question till final order of allotment or release is passed by the Rent Control and Eviction Officer.
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