Kali Ram vs Akthar Jahan and Others

Yatindra Singh, J.—Respondents 1 to 3 filed an application for release of shop in question under Section 21(1) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (the Act) on the ground of personal need. This application was filed some time in the year 1992. Notice of the application was served on the petitioner in the year 1994. Thereafter application was allowed ex pane in February, 1995. Petitioner filed an application on 16th June, 1995 for setting aside the exparte order dated 17th February, 1999. This application was rejected by the Prescribed Authority on 2531996. The appeal of the petitioner was also rejected on 4101999, hence the present writ petition.

I have heard Sri Anil Bhushan holding brief of Sri Ashok Bhushan, counsel for the petitioner and Sri C.B. Singh counsel for contesting respondents. Sri Bhushan has argued that shop in question is situate in district Almorah which is in Kumaun division and that there was strike and complete ''Band'' in support of Uttarakhand; it is for this reason petitioner could not come to the Court and in the Court below he also filed medical certificate. The fact that there was agitation in support of separate state of Uttarakhand; it is matter of judicial notice can be taken. The petitioner was also ill. In view of the same the Prescribed Authority committed illegality in not setting aside the ex pane order dated 17th February, 1995.

In view of this writ petition is allowed. The order dated 4101999, 2531996 and ex pane order dated 1721995 are hereby quashed. The matter is sent back to the Prescribed Authority concerned. The parties will appear before the Prescribed Authority concerned on 6th December 1999. On that date the petitioner may file his written statement to the application filed by the contesting respondent. Thereafter the parties will adduce their evidence and entire proceeding as it is of 1992 will be decided expeditiously and if possible within seven months. Sri Bhushan has also given an undertaking in this Court on behalf of petitioner that he will not seek any adjournment in the matter.

With these directions the writ petition is allowed. Let copy of this order be given to the parties within one month on payment of usual charges.