MANOJ SINGH AND ORS. Vs. RENT CONTROL AND EVICTION OFFICER/CITY MAGISTRATE AND ANR.
LAWS(ALL)-2003-7-278
HIGH COURT OF ALLAHABAD
Decided on July 10,2003

Manoj Singh And Ors. Appellant
VERSUS
Rent Control And Eviction Officer/City Magistrate And Anr. Respondents

JUDGEMENT

I.M.Quddusi, J. - (1.) HEARD Shri Mohammed Saeed, learned Counsel for the petitioners and Shri S.K. Mehrotra, learned Counsel appearing Sot opposite party No. 2. This writ petition has been filed declaring vacancy under section 12 of the U.P. Urban buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as the Act) vide impugned order dated 23.6.2003 passed in Case No. 7/2000 by the Rent and Eviction Officer/City Magistrate, Unnao.
(2.) AN application of respondent No. 2, who is landlord is pending for release under section 16 of the Act. The petitioners have alternative remedy to file a revision in case the release application is allowed in which he can challenge the vacancy also. Therefore, considering the facts and circumstances of the present case, this Court is not inclined to interfere at this stage. The writ petition is dismissed with the liberty for the petitioners to file revision after final orders are passed.;


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