- (1.) R. H. Zaidi, J. In both these peti tions common questions of law and fact are involved. They were, therefore, heard together and are being decided by a com mon judgment. Civil Misc. Writ Petition No. 40700 of 2000 shall be leading case.
(2.) BY means of these petitions the petitioners prays for writ, order or direc tion in the nature of mandamus command ing the respondent No. 1 to decide the R A Case No. 22 of 1999 and P. A Case No. 14 of 19% expeditiously. It has been submitted that the two cases were filed in the year 1996, One of those cases was rejected on the ground of some technical defect. Therefore, the petitioners filed another release application under Section 21 (1) (a) of the U. P. Act. No. XIII of 1972 which was numbered as R A No. 22 of 1999. According to the petitioners the cases are pending since 1996. Number of cases which were filed after 1996 have al ready been decided but the Prescribed Authority did not decide the cases of the petitioners, therefore, the petitioners had approached this Court by filing the present writ petition. Cases filed under the Act should be decided expeditiously in view of the provisions of the Rule 15 (3) of the Rules framed under the Act, which reads as under: "rule 15. Application for release of build ings under occupation of tenant [section 21 (1)] 1. . . . . . . . . . . 2. . . . . . . . 3. Every application referred to in sub-rule (1) shall as far as possible, be decided within two months from the date of its presentation. " In view of the aforesaid Rule, there was no justification for the Prescribed Authority to keep the aforesaid cases pending.
(3.) PETITIONER before filing the present petition did not approach the Prescribed Authority for early decision of the said cases. He has filed the present petition straightaway. For the facts and circumstan ces of the present case, it is observed that the petitioner shall be at liberty to make an application for expeditious hearing of the above-noted cases. If the application is filed within ten days, the same shall be disposed of, keeping in view of sub-rule (3) of the Rule 15 noted above and appropriate or ders for expeditious hearing of the cases shall be passed. Petition disposed of. .;