Munni Devi v. RCEO Additional City Magistrate VIth Kanpur Nagar
2000-08-22
R.H.ZAIDI
body2000
DigiLaw.ai
Judgment R.H. Zaidi, J. (1) 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 certiorari quashing the order dated 14.7.2000 passed by the Rent Control and Eviction Officer/ additional City. Magistrate VIth, Kanpur Nagar dismissing the application filed by the petitioner under Section 16(1)(b) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972) for short the Act. (2) The order under challenge is revisable, revision lies under Section 18 of the Act. The petitioner without exhausting the statutory alternative remedy, approached this Court and filed the present petition straightaway. In view of availability of statutory alternative remedy, I decline to entertain this petition. The writ petition is liable to be dismissed on the ground of availability of statutory alternative remedy. It is, however, observed that it will be open to the petitioner to file a revision against the impugned order before the competent Revisional Authority. It is further observed that if revision is filed, the same shall be decided on merits and in accordance with law. Subject to what has been stated above, the writ petition fails and is hereby dismissed in limine. Petition dismissed.