R.H. Zaidi, J. - (1.) By means of this petition filed under Article 226 of the Constitution of India, petitioner prays for issuance of a writ, order or direction in the nature of mandamus commanding respondent No. 1 to decide the application dated 29.10.1998 filed by the petitioner under Section 16, the U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (U.P. Act No. XIII of 1972, for short, "the Act") within a reasonable time to be fixed by this Court.
(2.) It has been submitted that the said application was filed on 29.10.1998. Since then several dates have been fixed but the application is still pending and no orders have been passed. It is submitted that under Rule 13 (4) application filed is to be decided as far as possible within one month from the date of its presentation. However, in this case, the disposal of the application is being delayed unnecessarily.
(3.) In case the facts stated by the petitioner are correct, he should have made an application for early disposal of the case before respondent No. 1. If even then the said application is not decided, the petitioner could have approached this Court. The petitioner has filed this petition for a writ of mandamus straightway. It is settled law that a petition under Article 226 of the Constitution of India is not maintainable unless a demand for justice is made. Reference may be made to the decisions in the case of Saraswati Industrial Syndicate Limited, etc. v. Union of India, AIR 1975 SC 460, Amrit Lal Derry (in writ petition No. 463 of 1971) , K.N. Kapoor and others (in writ petition No. 2004 of 1973) v. Collector of Central Excise, Central Revenue and others, AIR 1975 SC 538 , State of Haryana and another v. Chaman Mai and others, AIR 1976 SC 1654 , Moti Lal and others, v. Government of the State of U.P. and others, AIR 1951, Allahabad 257 (FB) . The writ petition is, therefore, not maintainable. It is, however, observed that it will be open to the petitioner to file an application for early disposal of the case before respondent No. 1. If such an application is filed, the same shall be decided in accordance with law expeditiously.;