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DEEPAK KUMAR AGARWAL versus P.A. AND OTHERS

High Court of Judicature at Allahabad

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Deepak Kumar Agarwal v. P.A. And Others - WRIT - A No. 40132 of 2006 [2006] RD-AH 12464 (28 July 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

Hon'ble Rakesh Tiwari, J

Heard Sri Vijay Gautam, counsel for the petitioner and the Standing counsel,

Since only prayer in this writ petition is for issuance of a writ in the nature of mandamus commanding the Prescribed Authority, Allahabad- respondent no. 1 to decide P.A No. 20 of 1998- Deepak Kumar Agarwal v. Sasta Sahitya Mandal within some time frame, with the consent of the  counsel for the parties, the writ petition is being finally decided.

Release application P.A No. 20 of 1998- Deepak Kumar Agarwal v. Sasta Sahitya Mandal was filed before the Prescribed Authority, Allahabad under Section 21 of the U.P. Urban Buildings (Regulation of Letting, Rent and Evicytion) Act,1972 in  December, 1998.  The only contention of counsel for the petitioner is that more than eight years have elapsed but the Prescribed Authority has not decided the aforesaid P.A. case no. 20 of 1998 though pleadings of the parties have already been completed.

After hearing counsel for the petitioner, I am of the view that the proper course for the petitioner was to move an application before the Prescribed Authority in P.A No. 20 of 1998- Deepak Kumar Agarwal v. Sasta Sahitya Mandal for deciding the matter at the earliest, as such, the writ petition before High Court under Article 226 of the Constitution is misuse of process of law.

However, the writ petition is disposed of with the direction to the petitioner to move a comprehensive application before the Prescribed Authority, Allahabad- respondent no. 1 to decide the aforesaid P.A. Case no. 20 of 1998 at the earliest.  If such an application is moved by the petitioner, the respondent no. 1 is directed to decide the application within a month from the date of submission of the application together with a certified copy of this order. It is expected that the respondent no. 1 will pass appropriate orders and expedite the hearing in P.A No. 20 of 1998- Deepak Kumar Agarwal v. Sasta Sahitya Mandal.  No order as to costs.

Dated 28th July 2006

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Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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