KISHAN CHAND GUPTA Vs. IST ADDITIONAL DISTRICT JUDGE, DEHRADUN
LAWS(UTN)-2012-7-80
HIGH COURT OF UTTARAKHAND
Decided on July 04,2012

KISHAN CHAND GUPTA Appellant
VERSUS
Ist Additional District Judge, Dehradun Respondents

JUDGEMENT

SUDHANSHU DHULIA, J. - (1.) THIS is the writ petition whereby certain orders passed by the courts below such as in revisional jurisdiction are being challenged.
(2.) BRIEF facts of the case are that respondent no.3 who was the tenant of the petitioners, moved an application under Section 12 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 before the authorities to declare the flat of House No.33 Gandhi Road, Dehradun vacant. The petitioners submitted that without issuing notices to them even though they were the landlords, the said application was allowed on 30.3.1995 by the authority and the said premise was declared vacant. Subsequently it was allotted to respondent no.4 who is the son of respondent no.3 on whose application initially the building was declared vacant. When the petitioners were apprised of the order, they filed a revision before the Additional District Judge, Dehradun. When the said revision was pending consideration of the revisional court quite curiously another application was moved by the then tenant Gulab Singh (respondent no.3) before the revisional court stating that he has now filed a review application before the Rent Control and Eviction Officer praying that the earlier order dated 30.3.1995, by which the premises was declared vacant, may be reviewed and order be recalled. Therefore a prayer was made before the revisional court that the revisional court may not proceed in the mtter since there is an application for review of the order dated 30.3.1995 of the court below is pending before the court below. The said application has been allowed by the revisional court i.e. by Additional District Judge, Dehradun on 2.6.2000 and proceedings of the revision have been stayed sine die till the review application is decided by the Rent Control and Eviction Officer. This order is presently under challenge by the petitioners/landlords in the writ petition. This writ petition was filed before the High Court of Judicature at Allahabad way back in the year 2000 and stood transferred to this Court under Section 35 of the Uttar Pradesh Reorganisation Act, 2000. This Court has also been informed at the bar that nothing further has happened on the review application of the respondent.
(3.) IN the present writ petition, an interim order was passed on 24.7.2000 by Honble Allahabad High Court whereby the order dated 2.6.2000 was stayed. The net result of the said interim order would have been in normal course that the proceedings in the revision should have proceeded. This, however, did not happen. Learned counsel for the petitioners has submitted that the court below has understood the interim order dated 24.7.2000 of the Honble Allahabad High Court as a stay to the proceedings, which are pending before the revisional court.;


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