Court No. - 34
Case :- WRIT - C No. - 31335 of 2019 Petitioner :- Ramesh Chandra Gupta And Another Respondent :- Union Of India And 5 Others Counsel for Petitioner :- Ramesh Kumar Shukla Counsel for Respondent :- C.S.C.,S.S.C.
Hon'ble Sudhir Agarwal,J. Hon'ble Rajeev Misra,J.
1. Heard Mr. Ramesh Kumar Shukla, learned counsel for petitioners and learned Standing Counsel for State.
2. Petitioners are seeking mandamus commanding respondents to permit petitioners to demolish the building in dispute situate at Station Road, Badaun.
3. Petitioners acquired title over house in dispute by means of a sale deed executed in the year 2003-04. According to petitioners, building in question was occupied by Income Tax Department at the time of sale deed and today also they are in occupation and possession. According to petitioners disputed building is in dilapidated condition. Therefore, petitioners want to demolish the same. It is further alleged that in this regard an application has been filed before respondent no.4-Chairman, Nagar Palika Parishad, Badaun but nothing has been done.
4. Relief prayed for by petitioners cannot be granted as there is a specific provision to that effect under Section 20 of U.P. Urban Buildings (Regulation of Letting Rent and Eviction) Act, 1972. Under the provision of aforesaid Act, petitioners can claim eviction of Income Tax Department and also possession of rented building on account of its being in dilapidated condition.
5. In the light of above we repeatedly asked learned counsel for petitioners as to how relief prayed for by petitioners can be granted in present writ petition. Learned counsel for petitioners could not show us any provision to that effect.
6. Consequently remedy lies to petitioners to seek eviction of occupants of premises in question and possession of same may be on account of dilapidated condition of building in accordance with law. Once possession is obtained by petitioners, they can proceed with demolition of disputed building. Writ petition as drafted and presented is not maintanable. Same is gross abuse of process of law. Hence, relief prayed for cannot be granted.
7. Dismissed accordingly.
Order Date :- 26.9.2019 Ashish Pd.