Court No. - 19
Case :- WRIT - A No. - 2225 of 2019 Petitioner :- Amar Singh Yadav And Another Respondent :- Additional District Magistrate (City)/ R.C. And E.O. Kanpur Nagar And Another Counsel for Petitioner :- Virendra Kumar Counsel for Respondent :- C.S.C.
Hon'ble Manoj Kumar Gupta,J.
Supplementary affidavit filed today is taken on record.
The instant petition is directed against the order dated 12.11.2018, whereby the Rent Control and Eviction Officer has rejected the application of the petitioners (landlords), whereby it was prayed that Form D be issued for eviction of the second respondent, as he has failed to comply with the conditional stay order dated 26.10.2017 in Matters Under Article 227 No.6458 of 2017.
It is noteworthy that earlier also the petitioners have approached this Court by way of Writ-A No.14246 of 2018 challenging the order dated 16.5.2018 passed by Rent Control and Eviction Officer rejecting similar prayer after returning finding that substantial compliance of the interim order dated 26.10.2017 having been made, no ground is made out to issue Form D. This Court, while upholding the order passed by the Rent Control and Eviction Officer, has held that rent upto April, 2018 stood deposited and thus, no ground is made out to issue Form D. However, it was left open to the petitioners that in case default is committed again, they will be at liberty to file a fresh application. It is in terms of the said liberty that the petitioners have filed a fresh application praying for issuance of Form D, but which has been rejected by the impugned order.
The impugned order records a specific finding that rent, as directed by the interim order of this Court, stands deposited upto the month of November, 2018.
Counsel for the petitioners tried to submit that there was delay in depositing the rent of certain months. However, he does not dispute that the entire amount, as directed by this Court, is already in deposit.
In such view of the matter, this Court is not inclined to interfere with the impugned order. The petition lacks merit and is dismissed.
(Manoj Kumar Gupta, J) Order Date :- 22.2.2019/SL