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Issues: Whether an order declaring vacancy under the rent control law could be challenged in a revision against the final allotment order even if it had not been separately challenged earlier.
Analysis: The scheme of the Act treated declaration of vacancy as a preliminary step in the allotment process. The vacancy finding was a jurisdictional fact and an interlocutory stage in the decision-making chain leading to allotment or release. Applying settled principles governing interlocutory orders, such a finding could be questioned when challenging the final order, unless the statute expressly barred such challenge or attached finality to the vacancy order. No such bar existed in the Act. The earlier view that failure to file a separate challenge to the vacancy order foreclosed objection in revision against the allotment order was held to be incorrect. The proper approach was that the aggrieved party could either challenge the vacancy order immediately or wait and assail it in the statutory challenge to the allotment order.
Conclusion: The vacancy order was open to challenge in revision against the allotment order, and the failure to challenge it separately did not bar such challenge.
Ratio Decidendi: A preliminary vacancy determination that is a jurisdictional step in the allotment process does not attain unassailable finality merely because it was not separately challenged, and it may be questioned in proceedings against the final allotment order in the absence of an express statutory prohibition.
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