Court No. - 30
Case :- WRIT - A No. - 64842 of 2012 Petitioner :- Kaushal Kishore Awasthi Respondent :- Ajay Kumar Bajpai Counsel for Petitioner :- Manish Kumar Jain,Pramod Kumar Jain Counsel for Respondent :- Smt.Rama Goyal Bansal,Virendra Kumar
Hon'ble Vivek Kumar Birla,J.
Heard Sri Pramod Kumar Jain, learned Senior Counsel assisted by Sri Manish Kumar Jain, learned counsel for the petitioner and Sri Virendra Kumar, learned counsel for the respondent.
Present petition has been filed seeking quashing of the orders dated 19.10.2011 and 20.11.2012.
On 14.12.2012, following order was passed:-
"Heard Sri Pramod Kumar Jain, Learned Senior Advocate, assisted by Sri Amitabh Agrawal, appearing on behalf of the petitioner and Smt. Rama Goyal Bansal, appearing on behalf of the respondent.
The petitioner claims himself to be the tenant on the ground that the premises in dispute has been occupied by him since last 20 years and, therefore, the release application under Section 16(1)(b) of U.P. Act no. 13 of 1972 was not maintainable inasmuch as the same has been filed after twenty years. Both the courts below have allowed the release application on the ground that there is no allotment order in favour of the petitioner and the petitioner is an unauthorised occupant and for moving the release application, under Section 16(1)(b), no limitation is provided. The issue whether in the absence of any limitation being provided in the statute for moving release application, the application can be moved after expiry of twelve years or not has been referred to the Larger Bench by the learned Single Judge in the case of Arun Kumar Joseph vs. Victor Samual Mathews and another, reported in 2011 (2) ARC 463. While referring the matter, learned Single Judge has directed the parties to maintain status quo on the date with regard to possession in respect of the property in dispute.
Smt. Rama Goyal Bansal, learned counsel for the respondent has relied upon a decision of this Court in the case of Uma Yadav (Smt.) vs. ADM (Supply)/RCEO and others, reported in 2012(3) ARC 141.
The matter requires consideration.
Let respondent, who is represented by Smt. Rama Goyal Bansal, may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List in the week commencing 4th February, 2013.
Till the next date of listing, the parties shall maintain status quo in respect of the possession."
Today, at the very outset, learned counsel for the respondent placed before this Court a copy of the judgment of Hon'ble Division Bench passed in the case of Arun Kumar Joseph Vs. Victor Samual Mathews and another 2013 (2) ARC 884 wherein the question involved herein has been answered.
Learned counsel for the petitioner could not dispute the legal issues settled by Hon'ble Division Bench.
Under such circumstances, I do not find any merit in the present petition.
The petition is accordingly dismissed.
Order Date :- 21.8.2018 SKG