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Uttarakhand High Court · body

2010 DIGILAW 130 (UTT)

SANT KAUR v. HANIT

2010-03-23

V.K.BIST

body2010
JUDGMENT Heard the learned counsel for the petitioner. 2. Present writ petition has been filed by the petitioner for a direction to the District Judge, Dehradun, to decide the Rent Control Appeals, numbered as RCA No. 165 of 2009 and RCA No. 166 of 2009 expeditiously, preferably within a period of six months. 3. Learned counsel for the petitioner submitted that the petitioner is 97 years old and wants that the appeals should be decided during her lifetime. He also referred Rule 7(7) of the Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 and prayed that District Judge, Dehradun should be directed to decide appeals expeditiously. 4. This Court finds that both the appeals were filed before the District Judge, Dehradun in year 2009. Rule 7(7) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Rules, 1972 (for short ‘Rent Control Rules’) provides that as far as possible, an appeal under section 22 shall be decided within six months from the date of its presentation. Rule 7(7) of the ‘Rent Control Rules’ is reproduced below : 7. “As far as possible, a revision under section 18 shall be decided within one month, an appeal 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.” 5. The intention of the legislature is very clear that revision and appeals filed under the Rent Control Act should be decided expeditiously. Delay in such cases can be fatal and the revisions/appeals may become infructuous and purpose of the same be frustrated. Mental state of older people cannot be said in words as in the present legal set up they are not sure about the end of litigation during their lifetime. 6. Normally a case is not decided finally without issuing notice to the other side but keeping in mind the provision of Rule 7(7) of the ‘Rent Control Rules’ along with the fact that petitioner is 97 yeas old and from all calculations no much life is left for her, the present writ petition is disposed of with a direction to the District Judge, Dehradun to decide RCA No. 165 of 2009 and RCA No. 166 of 2009 very expeditiously, preferably within three months from the date of production of certified copy of order.