Court No. - 29
Case :- SPECIAL APPEAL DEFECTIVE No. - 198 of 2019 Appellant :- Mohd. Margoob Respondent :- State Of U.P. And 7 Others Counsel for Appellant :- Zia Naz Zaidi Counsel for Respondent :- C.S.C.,Awadh Narain Rai,Shashi Kant Verma
Hon'ble Pankaj Mithal,J. Hon'ble Saumitra Dayal Singh,J.
Heard Sri Ashok Khare, Senior counsel for the appellant, learned Standing counsel and learned counsel for respondents no. 4 and 5.
The writ petition was filed by the Committee of Management of the institution seeking a direction upon the District Administrative Authority to get the one of the class rooms of the educational institution vacated from the possession of respondent no. 7 who was allegedly working as a teacher at the institution and had retired. The petition was disposed of vide order dated 7.2.2019 after exchange of pleadings on the concession of respondent no.7 that she may be allowed some reasonable time to vacate the premises. Accordingly, time upto 18th April 2019 was allowed to her to vacate the premises.
The appellant who is husband of respondent no. 7 has now preferred this appeal along with application for leave to file the appeal alleging that the premises in dispute was let out to him in the year 1986 and that he is in occupation of the same ever since then whereas his wife respondent no. 7 had joined the services of the institution in the year 1995. Therefore, he has independent right to occupy the premises in dispute and the order of this Court can not adversely affect his rights.
A bare perusal of the order of this Court dated 7.2.2019 which has been impugned in this appeal reveals that it has been passed on the concession made by respondent no. 7 who has undertaken to vacate the premises by a particular date.
In view of the said concession, we do not feel inclined to disturb the said order specially in exercise of appellate power leaving it open for the appellant who was not even party in the writ petition to get his rights over the premises in dispute, if any, established and adjudicated before the appropriate forum in respect whereof a civil suit has already been filed by him or to apply to the writ Court for recall of the order as may be advised.
In view of the above, the appeal stands disposed of.
Order Date :- 28.2.2019 SKS