S.N. Bajpai v. Puran Chand Sahani

Court No. - 7 Case :- MATTERS UNDER ARTICLE 227 No. - 10998 of 2023 Petitioner :- S.N. Bajpai Respondent :- Puran Chand Sahani Counsel for Petitioner :- J.P. Singh Hon'ble Dr. Yogendra Kumar Srivastava,J.

¶1Heard Sri J.P. Singh, learned counsel for the petitioner.

¶2In view of the order proposed to be passed herein, no useful purpose would be served by putting the respondent to notice and keeping this petition pending before this Court. However, in case the respondent feels aggrieved by the order his right to seek modification/variation of the order is being kept reserved.

¶3The present petition has been filed seeking a direction to the Civil Judge (Junior Division), Kanpur Nagar to decide Case No. 1726 of 2022 (S.N. Bajpai vs. Chandra Sahani), under Section 21(1)(a) of U.P. Act No. 13 of 1972, within a stipulated time period.

¶4Contention of the learned counsel for the petitioner is that the aforesaid release application is pending since 2014 and despite several dates having being fixed, the matter is being adjourned for some reason or the other. Accordingly, a prayer for expediting the proceeding is made.

¶5Attention of the Court has been drawn to Rule 15(3) of the U. P. Urban Buildings (Regulation) of Letting, Rent and Eviction) Rules, 1972 which prescribes a time period for disposal of an application for release of building under occupation of tenant.

¶6Having regard to the aforementioned facts and circumstances and without expressing any opinion on the merits of the case, the present petition is disposed of with an observation that the court concerned would make an endeavor to decide the aforesaid case in accordance with law, expeditiously preferably within a period of four months from the date of production of certified copy of the instant order, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment. Order Date :- 30.10.2023/Mohini [Dr. Y.K. Srivastava, J.] High Court of Judicature at Allahabad