Court No. - 19
Case :- MATTERS UNDER ARTICLE 227 No. - 8841 of 2018 Petitioner :- Smt. Premlata (Since Deceased) And 5 Others Respondent :- Uma Devi And 3 Others Counsel for Petitioner :- Arvind Kumar Yadav
Hon'ble Manoj Kumar Gupta,J.
The petitioners have filed the instant petition under Article 227 of the Constitution seeking a direction to the Prescribed Authority to conclude the proceedings of Rent Execution Case No.14/23 of 2018 within a stipulated time.
According to the petitioners, a release order was passed in their favour on 5.12.2017 by the Prescribed Authority. It is also their case that although the tenants have filed an appeal against the release order, but so far no stay order has been granted in their favour. The petitioners have accordingly prayed for a direction to the Executing Court to execute the release order forthwith.
Since the appeal filed by the tenants is a statutory appeal under Section 22 of the U.P. Act No.13 of 1972 and the appellate court has ample power to stay the order against which appeal has been filed, therefore, this Court is not inclined to issue a direction in respect of which prayer has been made. However, it shall be open to the petitioners to press for early disposal of the execution proceedings by filing appropriate application before the Executing Court.
The petition is disposed of with the above observations.
(Manoj Kumar Gupta, J.) Order Date :- 27.11.2018 skv