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Allahabad High Court · body

2014 DIGILAW 2855 (ALL)

Bishan Chandra v. Rent Control & Eviction Officer/City Magistrate,Kanpur

2014-09-12

PANKAJ MITHAL

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JUDGMENT Pankaj Mithal,J. Sri Vishnu Gupta, learned counsel for the petitioners states that after the impugned order declaring the vacancy was passed, a release order was also passed. Therefore, he has filed revision under Section 18 of the Provincial Small Cause Court, Act, 1887against both the orders. 2. In view of the aforesaid facts and circumstances he submits that this writ petition may be permitted to be withdrawn with liberty to pursue the revision so as to challenge both the orders. 3. The Division Bench of this Court in 2007 (2) ARC 888 Samuel Kempstor Vs. Rent Control and Eviction Officer has held that it is open for the party to challenge the vacancy order directly by means of a writ petition or to avail the statutory remedy of revision challenging both the orders of vacancy or release/allotment together. 4. In view of the above, if the petitioner wants to withdraw the writ petition and pursue the remedy of revision to challenge the vacancy order, there is no harm. 5. Learned counsel for the respondents also has no objection to the above. 6. Accordingly, the writ petition is dismissed with liberty to pursue the remedy of revision to challenge the impugned order.