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Nari Diksha Vidyalaya And Another v. The P.A./Ist Civil Judge, (S.D.) Varanasi And Others - WRIT - C No. 1999 of 2006  RD-AH 804 (12 January 2006)
Hon'ble Sushil Harkauli, J.
Hon'ble Vikram Nath, J.
The petitioners claim to be running an institution in part of the building no. D-13/32-33, Baans Fatak, Police Station-Dashaswamegh, City & District-Varanasi. According to the petitioners the building where the institution is being run requires substantial repairs. However, the landlord of the building is not permitting them to make necessary repairs. In this respect the petitioners have moved an application before the Prescribed Authority/Civil Judge (S.D.) Varanasi u/s 28 of the U.P. Act No. 13 of 1972 praying for an order that they may be permitted to make necessary repairs. Further, according to the petitioners the said application after exchange of affidavits is still pending and no final order has been passed.
It is further alleged by the petitioners that in the meantime the Nagar Nigam, Varanasi had given a notice u/s 331(1)(2) of the U.P. Nagar Nigam Adhiniyam 1959 to the landlord to get the building vacated as condition of the building was dilapidated and unsafe for use. To this notice the petitioners who are in occupation of the building have not given reply as yet. However, when they have come to know about such notice it is expected from them that they will submit their reply to Nagar Nigam and the officers authorized will get the building examined themselves after spot inspection and after considering objections filed by the petitioners will take a reasoned decision as to whether the building requires necessary repairs. This exercise may be completed by the Nagar Nigam, Varanasi within one month of the date on which a certified copy of this order is presented before the Nagar Nigam, Varanasi. It is further directed that the petitioners will submit certified copy of this order along with objections to the Nagar Nigam, Varanasi within a week from today. However, if upon spot inspection the officer concerned is of the view that the building is unsafe and in a dilapidated condition, the Nagar Nigam, Varanasi will pass immediate order for evacuation of the building so that children and other staff of the institution are not put to any hazard.
The writ petition is disposed of with the aforesaid observations.
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