S.U. Khan, J. - (1.) This is landlords writ petition arising out of eviction/release proceedings initiated by them against tenant respondent No. 3, Krishna Kumar Dua in the form of P.A. Case No. 10 of 1982. Prescribed Authority/Munsif, Jalaurt (Court No. 1), Orai dismissed the release application through judgment and order dated 25th January, 1985 against which landlords filed Rent Appeal No. 3 of 1985. A.D.J. Court No. 2, Jalaun at Orai took 20 years to decide (Dismiss) the said appeal. The appeal was dismissed on 20th May, 2005 hence this writ petition.
(2.) Learned Counsel for the petitioners has argued that during 23 years when release matter remained pending fresh need has come into existence. If it is so then petitioners are at liberty to file fresh release application. If fresh release application is filed, the same shall be decided on the basis of evidence brought on record therein without being influenced by any finding recorded by the Courts I below in the impugned orders.
(3.) With the above observations, writ petition is dismissed. However, it is quite disturbing that rent control appeal under Section 22 of U.P. Act No. 13 of 1972 remained pending before A.D.J. for 20 years. Shri Sardar Akhtar A.D.J., Court No. 2, Jalaun at Orai deserves praise that unlike his predecessors he made efforts to decide 'very old case. Let a copy of this order be sent to the A.D.J. concerned. District Judge, Jalaun is directed to send a list of all those rent control appeals or revision which are pending for more than five years within one month which shall be placed in this file. Let a copy of this order be sent to District Judge, Jalaun within a week.;