Sudhir Agarwal, J. - (1.) -Heard Sri Shamim Ahmad, Advocate, holding brief of Sri M.A. Qadeer, Advocate, for petitioners. Name of Sri S.K. Kakkar is shown in the cause list as counsel for respondents, but none appeared on behalf of respondents though the case has been called in revised.
(2.) It is submitted that respondent-landlords preferred an application under Section 29-A of U.P. Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred to as "Act, 1972") for enhancement of rent and the same has been allowed ex parte by District Supply Officer and petitioners' application for restoration has been rejected without giving any reason in wholly illegal manner.
(3.) Petitioners have specifically stated that they were never served any notice at all and without discussing this aspect of the matter, in a most arbitrary and illegal manner, by almost a non speaking order, petitioners' application for restoration has been rejected. It reads as under: ...[VERNACULAR TEXT OMITTED]... "Order This case is related to property no. 21 Weston Kutcheri Road, Meerut. An application u/s 29A was submitted on 30.11.98 seeking enhancement of its rent. After detailed hearing of the case, the aforesaid application was rejected on 31.5.2000. After rejection of rent application, Mohd. Iqbal submitted an application on 2.11.2000 for restoration of the case. The building owner also submitted an affidavit. I perused all the records available on file and considered the arguments adduced by Ld. Counsels for the parties. Mohd. Iqbal has stated in his application that any notice was served upon him neither through peon nor through postman. This fact is not worth credence. All facts are available on the file. The applicant has also been informed through newspaper. After considering these circumstances I conclude that the restoration application of the applicant is liable to be rejected being not tenable. The restoration application of the applicant dated 2.11.2000 is hereby rejected being devoid of merit. File be consigned to records." (English translation by the Court);