Devendra Kumar Arora, J. - (1.) Heard learned counsel for the petitioners, learned counsel for the opposite parties and perused the material available on record.
(2.) By means of this writ petition, the petitioners are seeking a writ in the nature of MANDAMUS directing/commanding opposite party no.1 to decide S.C.C. Case No.03 of 2011 (Naveen Chandra and others v. Anil Kumar and others) filed by the petitioners for eviction and recovery of rent, house-tax, water-tax and damages for the use and occupation within such time as may be prescribed by this Court.
(3.) Submission of learned counsel for the petitioners is that the petitioners are owner/landlord of shop situated at Mohalla Ashraftola, Cinema Road, District Hardoi and the opposite parties are tenant of 1000/- per month but they have not paid rent and taxes from January 2009 in spite of repeated demands. Petitioner sent a notice by way of registered post. Constrained with such circumstances, the petitioners filed S.C.C. case for eviction and recovery of rent, house-tax, water-tax and damages for use and occupation against opposite party nos.2 to 4 before District Judge, Hardoi on 4.4.2011 which was registered as S.C.C. Case No.03 of 2011. Later on, the case was transferred to the court of 1st Additional District Judge, Hardoi. It has further been submitted that opposite party no.4 put in appearance on 7.5.2011. The case has reached at the stage of evidence but the opposite parties are not allowing to complete the proceedings of the S.C.C. case.;