Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8817 of 2018 Petitioner :- Chandra Krishna Rohatagi Respondent :- City Magistrate, Kanpur Nagar And 4 Others Counsel for Petitioner :- Vinay Kumar Mishra Counsel for Respondent :- CSC
Hon'ble Manoj Kumar Gupta,J.
The instant writ petition has been filed invoking supervisory jurisdiction of this Court under Article 227 of the Constitution, seeking a direction to the City Magistrate, Kanpur Nagar, respondent no.1 before whom Case No. 39 of 2016 relating to allotment of premises under the provisions of U.P. Act No.13 of 1972 is pending, to decide the same expeditiously within a stipulated period as well as an application filed by the petitioner dated 31.8.2018 wherein the power of attorney holder of the petitioner prayed for allotment of the premises in his favour.
At the outset, counsel for the petitioner states that he is not pressing relief for direction to decide application of his power of attorney holder dated 31.8.2018. He, however, submitted that against an order of allotment of the disputed premises, Rent Revision No.15 of 2017 was filed, which was remanded to the Rent Control & Eviction Officer by order dated 16.4.2018, with a specific direction to the Rent Control & Eviction Officer to decide the matter afresh after giving opportunity to the parties to lead evidence and hearing them. It is submitted that the petitioner had filed an impleadment application in the said revision and he was also impleaded as a party. He therefore seeks a direction to the Rent Control and Eviction Officer to decide the matter expeditiously.
Having regard to the facts of the case and the submissions made, the instant writ petition is disposed of by directing the Rent Control & Eviction Officer to decide the matter in terms of the remand order dated 16.4.2018 expeditiously, preferably within a period of six months from the date of production of certified copy of this order, provided there is no legal impediment.
(Manoj Kumar Gupta, J.) Order Date :- 27.11.2018 skv