JUDGMENT Sudhir Agarwal, J. 1. Heard Sri M.A. Qadeer, learned counsel for petitioner and perused the record. 2. Petitioner is aggrieved by order dated 18.6.2001 passed by Rent Control and Eviction Officer, Gorakhpur (hereinafter referred to as "RCEO") staying the proceeding pursuant to an application filed by petitioner under Section 18 (3) of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") for restoration of possession of premises in question from respondent no. 2 in whose favour initially a letter of allotment was issued on 10.1.1986 but subsequently the same cancelled on 16.8.2000, and as a result thereof petitioner was entitled for restoration of possession of premises in question being owner of the property in question. 3. RCEO has passed the impugned order on the ground that in respect to sale deed, whereby petitioner purchased building in question, suit i.e. Original Suit No. 758 of 2000 is pending in the Court of Civil Judge (Senior Division), Gorakhpur and, therefore, it means that dispute of ownership is still to be decided and till the same is decided, proceedings under Section 18 (3) of Act, 1972 at the instance of petitioner must be stayed. 4. In my view, the impugned order is patently illegal and nothing but sheer misuse of power on the part of RCEO. It is not stated anywhere in the impugned order that any interim order has been passed or any injunction has been granted in the Original Suit No. 758 of 2000. Admittedly ownership of petitioner based on the aforesaid sale deed is still intact. 5. Moreover, so far as respondent no. 2 is concerned, having lost his authority to retain accommodation in question in his possession after cancellation of allotment letter issued in his favour, he has no right to get the proceedings for ejectment and handing over possession of accommodation in question to the petitioner deferred on account of a matter in which he has nothing to do. 6. In the result, writ petition is allowed. Impugned order dated 18.6.2001 (Annexure 15 to writ petition) is hereby quashed. Respondent no. 1 is directed to take further steps and pass final order in the proceedings initiated vide petitioner's application under Section 18 (3) of Act, 1972, within three months from the date of production of certified copy of this order.