SURESH CHANDRA KATIYAR Vs. ADDITIONAL CITY MAGISTRATE-V/R.C.E.O, KANPUR NAGAR
LAWS(ALL)-2011-12-293
HIGH COURT OF ALLAHABAD
Decided on December 01,2011

Suresh Chandra Katiyar Appellant
VERSUS
Additional City Magistrate -V/R.C.E.O, Kanpur Nagar Respondents

JUDGEMENT

Dilip Gupta, J. - (1.) WRIT Petition No. 10981 of 2010 seeks the quashing of the order dated 18th February, 2010 by which the Rent Control and Eviction Officer, Kanpur Nagar has declared vacancy under Section 12(3) of the U.P. Urban Buildings (Regulation of Letting, Rent & Eviction) Act, 1972 (hereinafter referred to as the 'Act'). Writ Petition No. 51339 of 2010 has been filed for quashing the order dated 2nd August, 2010 passed by the Rent Control and Eviction Officer, Kanpur Nagar by which the premises has been released in favour of the landlord.
(2.) IT is submitted by Sri Som Narain, learned counsel appearing for the landlord that the petitioner has a statutory alternative remedy of filing a Revision before the District Judge, under Section 18 of the Act in which he can assail both the orders of release and the order declaring the vacancy. In this regard he has also placed reliance upon a judgment of the Supreme Court in Achal Misra v. Rama Shanker Singh & Ors., : 2005 (1) R.C.R.(Rent) 558 : : 2005 (2) R.C.R. (Civil) 598: : (2005) 1 ARC 871. This position is not controverted by Sri Yogesh Agarwal, learned counsel appearing for the petitioner. In view of the availability of statutory alternative remedy of filing a Revision and in view of the decision of the Supreme Court, the Court declines to entertain the petitions. The petitions are, accordingly, dismissed.;


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