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Judgment
R.H. Zaidi, J.—In both these petitions common questions of law and fact are involved, therefore, they were heard together and are being disposed of by a common Judgment, Writ Petition No. 30893of2000willbetheleadingcase.
By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding the respondent No. 1 to decide finally the Rent Control Appeal No. 75 of 1998 at an early date.
The grievance of the petitioner is that it was on 851998 that against the order dated 3031998 passed by the Prescribed Authority allowing the application under Section 21 (1) (a) of the U.P, Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 for short ''the Act'' an appeal was filed by the petitioner but till date the said appeal has not been decided.
Applications under Section 21 are required to be decided expediliously. Rule 15 of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972, provides as under: (Only relevant portion quoted)
"15. Application for release of buildings under occupation of tenant [Section 21(1):
(1) Every application for release under Section 21 (1) shall specify the ground or grounds on which the tenant is sought to be evicted.
(2)..
(3) Every application referred to in subrule (1) shall, as far as possible, be decided within two months from the date of its presentation."
The appeals arising out of orders passed under Section 21 of the Act are filed under Section 22 of the Act within 30 days from the date of the order and are to be disposed of within ?he time specified under subrule (7) of Rule 7 of the Rules framed under the Act which reads as under:
R. 7. Appeal:
"(7) As far as possible, a revision under Section 18 shall be decided within one month, an appeal or revision under Section 10 shall be decided within two months, and an appeal under Section 22 shall be decided within six months from the date of its presentation."
Subrule (3) of Rule 15 of the aforesaid rules clearly provides that an application fled under Section 21 shall as far as possible be decided within two months from the date of its presentation, similarly subrule (7) of Rule 7 of the rules clearly provides that appeals arising out of proceedings under Section 21 should be decided as far as possible within six months from the date of its presentation. The appeal in this case according to the facts stated in the writ petition, was filed on 851998 and since then more than two years have already elapsed but the appeal is still pending. I do not find any justification for the respondent No. 1 to keep the appeal pending since 1998.
In view of the aforesaid facts, this petition is disposed of finally with the direction to the respondent No.1 to decide the Appeal No. 74 of 1998 within a period of one month from the date of a certified copy of this order is communicated to him.
With these observations and directions, this petition stands finally disposed of.
A copy of this judgment may be placed on the record of Writ Petition No. 30895 of 2000. Petition disposed of.