BISHAN CHANDRA AND OTHERS Vs. RENT CONTROL & EVICTION OFFICER/CITY MAGISTRATE,KANPUR & ORS
LAWS(ALL)-2014-9-626
HIGH COURT OF ALLAHABAD
Decided on September 12,2014

Bishan Chandra And Others Appellant
VERSUS
Rent Control And Eviction Officer/City Magistrate,Kanpur And Ors Respondents

JUDGEMENT

Pankaj Mithal, J. - (1.) Sri Vishnu Gupta, learned counsel for the petitioners states that after the impugned order declaring the vacancy was passed, a release order was also passed. Therefore, he has filed revision under Section 18 of the Provincial Small Cause Court, Act, 1887 against both the orders.
(2.) In view of the aforesaid facts and circumstances he submits that this writ petition may be permitted to be withdrawn with liberty to pursue the revision so as to challenge both the orders.
(3.) The Division Bench of this Court in 2007 (2) ARC 888 Samuel Kempstor v. Rent Control and Eviction Officer has held that it is open for the party to challenge the vacancy order directly by means of a writ petition or to avail the statutory remedy of revision challenging both the orders of vacancy or release/allotment together.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.