Research › Search › Judgment

Allahabad High Court · body

2014 DIGILAW 741 (ALL)

Chandrama Prasad v. Civil Judge (Jr. Division)/Munsaf

2014-03-03

SUDHIR AGARWAL

body2014
JUDGMENT Sudhir Agarwal, J. Order on Civil Misc. Restoration Application No.656 of 2014 1. Heard Sri Ajay Shankar, learned counsel for the applicant and Sri Surendra Tiwari, learned counsel appearing for the respondents. 2. This is an application for recall of order dated 10.12.2013 passed by this Court dismissing the writ petition for want of prosecution. 3. Reason shown for non appearance have been explained satisfactorily. The application is allowed. Order dated 10.12.2013 is hereby recalled. Sudhir Agarwal,J. 1. Order dated 10.12.2013 having been recalled vide order of date passed on Restoration Application, the writ petition is restored to its original number. As requested by learned counsels for parties, I proceed to decide this matter finally at this stage under the Rules of the Court. 2. Heard Sri Ajay Shankar, learned counsel for the petitioner and Sri Surendra Tiwari, learned counsel appearing for the respondents. 3. The writ petition is directed against order dated 11.9.2007 passed by Additional Civil Judge (Junior Division), Duddhi, Sonbhadra rejecting petitioner's application under Section 30(1) of Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") observing that it has no jurisdiction though no reason has been assigned as to why it lacks jurisdiction and application is not maintainable particularly when application was filed in 1999 and petitioner was allowed to deposit rent in the Court vide order dated 30.8.1999. 4. Learned counsel appearing for respondent-landlord also could not dispute that impugned order passed by Additional Civil Judge (Junior Division), Duddhi, Sonbhadra, respondent no.1, is totally non speaking as no reason has been given and it is not clear as to why it lacks jurisdiction. He also could not provide any reason so as to justify impugned order to show that Court below has no jurisdiction in the matter. 5. In view thereof, the writ petition is allowed. The impugned order dated 11.09.2007 (Annexure No.6 to the writ petition passed by respondent no.1is hereby quashed. The matter is remanded to the Additional Civil Judge (Junior Division), Duddhi, Sonbhadra with a direction to reconsider the matter and pass appropriate order in accordance with law after giving opportunity of hearing to all concerned parties.