Decided on June 20,2013

Bimala Kapoor Respondents


B.S.VERMA, J. - (1.) HEARD Mr. Sharad Sharma, Sr. Advocate assisted by Mr. Narendra Bali, learned counsel for the petitioner and Mr. Arvind Vashisth, learned counsel for the respondents.
(2.) BY means of this writ petition, the petitioner has sought a writ in the nature of certiorari quashing the impugned judgment and order dated 9.10.2007 passed by learned District Judge, Haridwar (Annexure -1 to the writ petition).
(3.) BRIEF facts of the case are that the petitioner moved a release application under Section 21(1)(a) of the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (for short the Act) before the Prescribed Authority for release of the shop in dispute. Vide judgment and order dated 30.9.2006, learned Prescribed Authority allowed the release application of the petitioner. Being aggrieved, the tenants/respondents filed a rent control appeal in the court of District Judge Hardwar being R.C.A. No.132/2006. After hearing the parties and on perusal of evidence, learned District Judge observed that the earlier notice dated 3.3.2003 was not filed before the Prescribed Authority, only subsequent notice dated 4.3.2004 was presented by the landlord/petitioner and accordingly held that in these circumstances there is no occasion to consider the bonafide need and comparative hardship of the landlord/petitioner and ultimately vide impugned order dated 9.10.2007, learned District Judge allowed the appeal of the tenants/respondents and dismissed the release application of the landlord/petitioner. Feeling aggrieved by the impugned judgment and order dated 9.10.2007, the landlord/petitioner has filed the present writ petition before this Court. The only controversy which is to be decided by this Court is as to whether notice was required to be given to the tenants in the proceedings initiated under Section 21(1)(a) of the Act.;

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