Kurian Joseph, J. - (1.) Whether a Review under Section 16(5)(a) of The Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (in short, "the Act") in respect of an order regarding vacancy is maintainable, is the only question of law arising for consideration in this case. Section 16(5)(a) reads as under :- "Where the landlord or any other person claiming to be a lawful occupant of the building or any part thereof comprised in the allotment or release order satisfies the District Magistrate that such order was not made in accordance with clause (a) or clause (b), as the case may be, of sub-section (1), the District Magistrate may review the order: Provided that no application under this clause shall be entertained later than seven days after the eviction of such person."
(2.) Sh. S. R. Singh, learned senior counsel appearing for the appellants, submits that the only order that is open to review is an order passed under Section 16(1)(a) or (b) either for release or for allotment, since those are the only two contingencies dealt with under Section 16(1). Section 16 reads as follows :- "Allotment and release of vacant building (1) Subject to the provisions of the Act, the District Magistrate may by order (a) require the landlord to let any building which is or has fallen vacant or is about to fall vacant or a part of such building but not appurtenant land alone, to any person specified in the order (to be called an allotment order); or (b) release the whole or any part of such building, or any land appurtenant thereto, in favour of the landlord (to be called a release order): [Provided that in the case of a vacancy referred to in sub-section(4) of Section 12, the District Magistrate shall give an opportunity to the landlord or the tenant, as the case may be, of showing that the said section is not attracted to his case before making an order under clause (a)]"
(3.) Sh. Ranjit Kumar, learned senior counsel appearing for the party-respondents, points out that the District Magistrate, if passes a wrong order regarding a vacancy, the same is always open to review, being only statutory remedy.;