- (1.) HEARD Smt. Rama Goel Bansal, learned counsel for the petitioners.
(2.) THIS writ petition has been filed for issuing a writ of certiorari quashing the order dated 20.3.2014 passed by the Additional Chief Judicial Magistrate/Prescribed Authority, Court No. 12, Allahabad in P.A.Case No. 03/2012 (Gulam Afsar @ Nausad and others Vs. Ateequrrahman) by which the recall application filed by the respondent, seeking recall of the orders dated 6.8.2013 and 20.9.2013, has been allowed.
(3.) THE petitioner happens to be landlord and has filed an application seeking release of the accommodation in dispute under Section 21 (1) (a) of U.P.Urban Buildings (Regulation of Letting, Rent and Eviction) Act No. 13 of 1972, which was numbered as P.A.Case No. 03/2012 (Gulam Afsar Vs.Ateequrrahman). In the aforesaid case, number of dates were fixed but the otherside was avoiding to participate in the proceeding, taking note of that on 6.8.2013, the court below has passed an order to proceed exparte fixing 20.9.2013 for argument. On 20.9.2013, the counsel appearing for the respondent did not appear and the case was heard exparte and order was reserved. Seeking recall of the aforesaid orders, the respondent has filed an application along an application for condonation of delay in filing the recall application. The recall was sought on the ground that the copy of the release application was not provided to the counsel, that is why written objection/written statement could not be filed. Further earlier the case was proceeding before the Additional Chief Judicial Magistrate, Court No. 11, but later on it was transferred to the present court without there being any notice to the respondent. The learned prescribed authority, after hearing both the sides, has condoned the delay and allowed the recall application.;