Jagdish Kumar vs Addl. District Judge, Dehradun and Another

Rajesh Tandon, J.—Present writ petition has been filed praying for a writ or direction commanding the 2nd Additional District Judge, Dehradun to decide the Rent Control Appeal No. 95 of 1995, Sardar Jagjeet Singh Anand v. Jagdish Kumar.

The Petitioner has filed an application on 18-4-1994 for release of the accommodation u/s 21(1)(a) of U.P. Act No. 13 of 1972. The application was allowed by the Prescribed Authority on 13-6-1995 against which an appeal has been preferred by the tenant Defendant in the Court of 2nd Additional District Judge, Dehradun being Rent Control Appeal No. 95 of 1995. Counsel for the Petitioner has stated that the appeal is still pending before the appellate Court.

From the copy of the order sheet it will appear that the appeal was admitted on 26-6-1995. Act No. 13 of 1972 was enacted for speedy disposal of the cases. Earlier Act No. 3 of 1947 was repealed because it was a lengthy procedure for getting the release of the premises.

Rule 7(7) of U.P. Act No. 13 of 1972 provides as under:

As far as possible, a revision u/s 18, shall be decided within one month, an appeal u/s 10 shall be decided within two months and an appeal u/s 22 shall be decided within six months from the date of its presentation.

As will appear from the aforesaid provision that the maximum time limit which has been given by the Act is only six months. In view of the above provision of law, the Petitioner is directed to file an application before the District Judge, Dehradun who shall direct the Additional District Judge in whose Court the appeal is pending for expediting the hearing of the appeal.

The writ petition is disposed of accordingly.