S.U. Khan, J. - (1.) HEARD learned Counsel for the parties. The shop in dispute was allotted to the petitioner on 26.12.1973 by R.C. & E.O./A.R.O. (R.C.), Agra. The number of the shop is 4 -B, old 17/145 new Daresi No. 1 Sadar Bazar, Agra. The case was registered as Case No. 792 of 1973. Against the said order of allotment an appeal was filed under section 18 of the Act which was later on converted into revision numbered as 11 of 1974. District Judge, Agra dismissed the revision. Thereafter, a writ petition was filed in this High Court being Writ Petition No. 5683 of 1978. The writ petition was dismissed on 2.4.1980 and said judgment is reported in, 1980 A.L.J. 604. Thereafter, landlords respondents filed review petition before R.C. & E.O. under section 16(5) of the Act. Copy of review petition is Annexure -1 to the writ petition which was filed on 27.9.1980. Review application was accompanied by application for condonation of delay. The review application was registered as case No. 1030 of 1981. R.C. & E.O./Addl. City Magistrate (II), Agra by order dated 8.7.1983 allowed the delay condonation application. The said order is impugned in the instant writ petition.
(2.) IN my opinion as allotment order dated 26.12.1973 was affirmed by District Judge in revision and this High Court in a writ petition, hence review petition before R.C. & E.O. was not at all maintainable, if an order passed by a Court has been affirmed/approved by the Higher Court then the order passed by the said Court merges in the order passed by the Higher Court and the said Court has got no power to review its order. Accordingly, writ petition is allowed. Impugned order is set aside and the review petition is dismissed as not maintainable. However, as I have held in Smt. Khursheeda and others v. XVIII Additional District fudge, Allahabad and others Civil Misc. Writ Petition No. 29438 of 2001 decided on 23.4.2004 the Writ Court is empowered to enhance the rent while granting relief to tenant. Property in dispute is in the form of shop situate in Sadar Bazar, Agra. In my opinion it would be just and proper if petitioner is directed to pay rent to the landlord -respondent w.e.f. May, 2004 onwards at the rate of Rs. 1,500/ - per month. Accordingly, it is directed that w.e.f. May, 2004 onwards petitioner shall pay rent to the landlord -respondent at the rate of Rs. 1,500/ - per month.;