Javed Akhtar and 5 Others v. Rent Controll and Eviction Officer / City Magistrate Iiird and 10 Others

Court No. - 4 Case :- WRIT - A No. - 18010 of 2023 Petitioner :- Javed Akhtar And 5 Others Respondent :- Rent Controll And Eviction Officer / City Magistrate Iiird And 10 Others Counsel for Petitioner :- Munne Lal,Kuldeep Maurya Counsel for Respondent :- C.S.C. Hon'ble Prakash Padia,J.

¶1Heard learned counsel for the petitioners and learned Standing Counsel for the respondent.

¶2The petitioners have preferred the present petition with the prayer to direct the Rent Control & Eviction Officer/ City Magistrate IIIrd, Kanpur Nagar/respondent No.1 to decide Release Application filed by the petitioners in Case No. 19/2012 (Corresponding to Case No. 35 of 2019 and now Case No. 01672/2019 Computerized Case No. D201903410001672), (Mohd. Uruj Vs. Smt. Najuk Jahan) expeditiously.

¶3In view of the order proposed to be passed herein, no useful purpose would be served by putting the private respondents to notice and keeping this petition pending before this Court. However, in case the private respondents feel aggrieved by the order his/her right to seek modification/variation of the order is being kept reserved.

¶4It is argued by learned counsel for the petitioners that the release application was filed in the year 2012 which was registered as Case No.19 of 2012. The said application was dismissed in default on 18.12.2017. It is argued that a restoration application has been filed and the aforesaid application was allowed and aforesaid order was recalled by the Court below on 03.12.2018. It is argued that thereafter various dates were fixed in the matter but till date no final decision has been taken in the matter.

¶5It reveal from perusal of the order-sheet that only dates after dates were fixed in the matter but till date no final decision has been taken on the same.

¶6In the facts and circumstances of the case, the present petition is disposed of directing the Court below to decide the matter expeditiously but without granting any unnecessary adjournment to any of the parties. Order Date :- 27.10.2023 saqlain High Court of Judicature at Allahabad