- (1.) RAKESH Tiwari, J. List has been revised. None has appeared on behalf of the petitioners. The Counsel for the respondents is present. Heard him and perused the record of Civil Revision No. 852 of 2003 which has been tagged for the purpose of hearing of the writ petition.
(2.) THE petitioners have filed this writ petition for the following reliefs : (1) Issue a writ order or direction in the nature of certiorari quashing the order dated 5-7-1997 and 31-7- 1995 (Annexures 1 and 2 to the writ petition) passed by respondent Nos. 1 and 2 respectively. (2) Issue any other writ order or direction, which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (3) Award the cost of the writ petition to the petitioner. It is submitted that the writ petition has been filed with inordinate delay as the order dated 5-7-1997 is being challenged in the writ petition which has been filed after 9 years, hence the writ petition deserves to be dismissed on the ground of latches itself. Brief facts of the case are that Mohan Singh was the landlord of House No. 119/123-A, Darshan Purva, Bamba Road, Gumti No. 5 Kanpur Nagar of which the Board of Basic Education U. P. Allahabad is tenant in which a Prathmic School, Darshan Purva is being run by the aforesaid Board on monthly rent of Rs. 200/ -.
(3.) IT is alleged that father of the respondent Mohan Singh had executed a will in his favour with the condition that after his death the respondent who is minor will be sole owner and his mother will be guardian but she will have no right to transfer or mortgage in any manner. Mohan Singh died in the year 1968. The name of the respondent was mutated in Nagar Palika record. Since the respondent was minor his mother Smt. Sunder Devi was collecting the rent on his behalf. The respondent filed Rend Case No. 123 of 1994 under Section 21 (8) of U. P. Act No. 13 of 1972 against the petitioners which was allowed vide order dated 31-7-1995 enhancing the rent to Rs. 5,288. 46 per month with effect from 25-9-1994.;