Court No. - 5
Case :- WRIT - A No. - 2226 of 2019 Petitioner :- Chandra Shekhar Soni @ Amit Kumar Tomar @ Raju Tomar Respondent :- Rent Control And Eviction Officer/ S.D.M. Mainpuri And 3 Others Counsel for Petitioner :- Divakar Rai Sharma,Rajneesh Tripathi Counsel for Respondent :- Ashish Agrawal
Hon'ble Surya Prakash Kesarwani,J.
This writ petition has been filed praying for the following relief:
"(i) Issue a writ, order or direction in the nature of CERTIORARI to quash the order dated 22.3.2018 passed by Rent Control and Eviction Officer, Mainpuri in Case No.73 of 2014 (Sushila Devi Vs. Chandra Shekhar and others) and the order dated 23.08.2018 passed by Sub-Divisional Magistrate, Mainpuri as well as order date 15.11.2018 passed by Rent Control and Eviction Officer, Mainuri."
The impugned orders have been passed under Section 16 of the Uttar Pradesh Urban Buildings (Regulation of Letting, Rent and Eviction) Act, 1972 (hereinafter referred as 'the Act').
Sri Ashish Agarwal, learned counsel for the respondents, has raised a preliminary objection as to maintainability on the ground of alternative remedy of revision under Section 18 of the Act.
Learned counsel for the petitioner does not dispute that against the impugned orders, remedy of revision under Section 18 of the Act is available.
In view of the aforesaid, this writ petition is dismissed on the ground of alternative remedy leaving it open to the petitioner to file a revision under Section 18 of the Act before a competent court. In the event, such a revision is filed within two weeks from today along with a certified copy of this order, it shall be decided by the concerned court on merits without raising any objection as to the limitation.
Order Date :- 26.8.2019 NLY