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2014 DIGILAW 2509 (ALL)

Daulat Devi v. Seema Verma

2014-08-14

PANKAJ MITHAL

body2014
JUDGMENT Pankaj Mithal,J. Heard Sri Pankaj Srivastava, learned counsel for the petitioner. 2. This writ petition has been preferred against the judgment and order dated 21.10.13 passed by the Additional District Judge deciding rent revision No.49 of 2012. 3. Petitioner is the owner and landlord of the premises in dispute No.38/1, Lal Kurti, Kanpur Nagar. The said premises was declared to be vacant under Section 12 of the U.P. Act No.13 of 1972(hereinafter referred to as the Act) on 19.3.2012. It was thereafter released under Section 16 of the Act in favour of the petitioner vide order dated 26.10.2012. 4. The occupant/the siting tenants i.e. respondents challenged the order of release and vacancy by filing revision under Section 18 of the Act. The revision has been allowed by the impugned order dated 21.10.2013 and the matter has been remanded to the Rent Control and Eviction Officer for reconsideration of the vacancy of the premises in dispute. 5. The order impugned is about an year old and there is no justification for challenging the same after such a long gap of time. The petition as such suffers from gross latches and negligence. 6. This apart the order impugned is an order of remand. The dispute between the parties regarding the vacancy and the release of the premises is to be reconsidered by the Rent Control and Eviction Officer. The petitioner can participate in the said proceedings and get the dispute decided afresh. Such participation or redecision of the dispute is not likely to cause any prejudice or injustice to the petitioner. 7. In view of above, as there is no miscarriage of justice, I do not consider it proper to interfere in this matter in exercise of writ jurisdiction. 8. The writ petition is dismissed with direction to the Rent Control and Eviction Officer to complete the proceedings pursuant to the impugned order in accordance with law as expeditiously as possible preferably within a period of six months by curtailing all unnecessary adjournments and fixing short dates in quick succession. 9. The writ petition is dismissed.