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Manoj Singh and Others vs Rent Control and Eviction Officer/City Magistrate, Unnao and Another

Allahabad High Court · Decided on 10 July 2003 · Citation: (2003) 07 AHC CK 0139

HON’BLE JUDGES
I.M.Quddusi, J
RESULT
Dismissed
CASE NUMBER
Writ Petition No. 109 (R/C) of 2003
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Judgment

6 paragraphs · 156 words

I.M. Quddusi, J.—Heard Shri Mohammad Saeed, learned counsel for the petitioners and Shri S.K. Mehrotra, learned counsel appearing for opposite party No.2.

2.

This writ petition has been filed declaring vacancy under Section 12 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) vide impugned order dated 23.6.2003 passed in Case No.7/2000 by the Rent and Eviction Officer/City Magistrate, Unnao.

3.

An application of respondent No.2, who is landlord is pending for release under Section 16 of the Act. The petitioners have alternative remedy to file a revision in case the release application is allowed in which he can challenge the vacancy also.

4.

Therefore, considering the facts and circumstances of the present case, this Court is not inclined to interfere at this stage.

5.

The writ petition is dismissed with the liberty for the petitioners to file revision after final orders are passed.

(Petition dismissed)