Court No. - 19
Case :- WRIT - A No. - 25190 of 2018 Petitioner :- Smt. Nazima Begim Respondent :- Additional Chief Metropolitan Magistrate, Kanpur Nagar And Another Counsel for Petitioner :- Sudhir Mehrotra
Hon'ble Manoj Kumar Gupta,J.
The sole prayer in the instant petition is for issuance of a direction to the Prescribed Authority to decide Rent Case No. 62/2012 under Section 21(1)(a) of U.P. Act No. 13 of 1972, within a stipulated time. The release application is pending at the instance of the petitioner. According to the petitioner, she has already suffered a decree of eviction in respect of the premises in her occupation and writ petition at her instance is pending before this Court. She apprehends that in case, the petition pending before this Court is dismissed, she would be evicted from the tenanted premises. Accordingly, she has made a prayer for a direction to the Prescribed Authority to decide the release application filed by her against her own tenant expeditiously.
Rule 15(3) of the Rules framed under the Act provides that release application should be decided within two months from the date of its presentation. A perusal of the order sheet reveals that dates for final hearing are being fixed, but for one reason or the other, the hearing has not taken place.
Having regard to the facts of the case and the submissions made, the writ petition is disposed of by directing the Prescribed Authority to make all endeavour to decide the release application expeditiously, without granting unnecessary adjournments, preferably within a period of six months from the date of production of certified copy of this order.
(Manoj Kumar Gupta, J.) Order Date :- 29.11.2018 AM/-